G-M Associates v. Aldo Realty Co.

Appellate Division of the Supreme Court of New York

G-M Associates v. Aldo Realty Co.

59 A.D.2d 733, 398 N.Y.S.2d 579, 1977 N.Y. App. Div. LEXIS 13727

Appellate Division of the Supreme Court of the State of New York·Decided October 17, 1977·Published·Cited by 1 cases

Opinion

In an action to foreclose a mortgage, defendant appeals from so much of an order of the Supreme Court, Suffolk County, entered February 17, 1977, as, upon reargument, adhered to the original determination denying its motion to dismiss the action' for lack of personal jurisdiction. Order affirmed insofar as appealed from, with $50 costs and disbursements. Service upon a partnership may be effected by personal delivery to a partner, or by service under CPLR 308 (subds 2, 3, 4 or 5) (see 1 Weinstein-Korn-Miller, NY Civ Prac, par 310.02). Italian Colony Rest, v Wershals (45 AD2d 841) is not to the contrary. The service in Italian Colony was an attempt to effect personal delivery upon a partner under CPLR 308 (subd 1) by serving a secretary. There was no concomitant mailing (see CPLR 308, subd 2). Hopkins, J. P., Latham, Margett and Rabin, JJ., concur.

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In an action to foreclose a mortgage, defendant appeals from so much of an order of the Supreme Court, Suffolk County, entered February 17, 1977, as, upon reargument, adhered to the original determination denying its motion to dismiss the action' for lack of personal jurisdiction. Order affirmed insofar as appealed from, with $50 costs and disbursements. Service upon a partnership may be effected by personal delivery to a partner, or by service under CPLR 308 (subds 2, 3, 4 or 5) (see 1 Weinstein-Korn-Miller, NY Civ Prac, par 310.02). Italian Colony Rest, v Wershals (45 AD2d 841) is not to the contrary. The service in Italian Colony was an attempt to effect personal delivery upon a partner under CPLR 308 (subd 1) by serving a secretary. There was no concomitant mailing (see CPLR 308, subd 2). Hopkins, J. P., Latham, Margett and Rabin, JJ., concur.

G-M Associates v. Aldo Realty Co., 59 A.D.2d 733, 398 N.Y.S.2d 579, 1977 N.Y. App. Div. LEXIS 13727 (N.Y. Ct. App. 1977).

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59 A.D.2d 733 (G-M Associates v. Aldo Realty Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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