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GE Capital Mortgage Services, Inc. v. Eidelkind

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1994
205 A.D.2d 663 (N.Y. App. Div. 1994)

Opinion

June 20, 1994

Appeal from the Supreme Court, Suffolk County (Werner, J.).


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the issue of whether service under CPLR 308 (2) was properly effected.

Since it cannot be ascertained from this record whether the delivery of the summons and complaint was effected at the defendant's actual place of business or at a former residence address, a hearing must be conducted on the issue of whether service under CPLR 308 (2) was properly effected (see, CPLR 308). We find the defendant's other contention to be without merit. Sullivan, J.P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.


Summaries of

GE Capital Mortgage Services, Inc. v. Eidelkind

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1994
205 A.D.2d 663 (N.Y. App. Div. 1994)
Case details for

GE Capital Mortgage Services, Inc. v. Eidelkind

Case Details

Full title:GE CAPITAL MORTGAGE SERVICES, INC., Respondent, v. MARC S. EIDELKIND…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 20, 1994

Citations

205 A.D.2d 663 (N.Y. App. Div. 1994)
614 N.Y.S.2d 301