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Rokicki v. 24 Hour Courier Service, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 23, 2001
282 A.D.2d 664 (N.Y. App. Div. 2001)

Opinion

April 23, 2001.

In an action to recover damages for personal injuries, etc., the defendant 24 Hour Courier Service, Inc., appeals from an order of the Supreme Court, Kings County (Jones, J.), dated January 20, 2000, which, after a hearing, in effect, denied its motion pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against it.

Before: Santucci, J.P., S. Miller, Luciano, Feuerstein and Adams, JJ., concur.


Ordered that the order is affirmed, with costs.

The evidence adduced at the hearing established that, under the circumstances, the plaintiffs' process server acted reasonably and with due diligence, and that service was effected in a manner calculated to give the appellant fair notice ( see, CPLR 311 [a] [1]; Fashion Page v. Zurich Ins. Co., 50 N.Y.2d 265; Eastman Kodak Co. v. Miller Miller Consulting Actuaries, 195 A.D.2d 591; Peck v. Church, 160 A.D.2d 854).


Summaries of

Rokicki v. 24 Hour Courier Service, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 23, 2001
282 A.D.2d 664 (N.Y. App. Div. 2001)
Case details for

Rokicki v. 24 Hour Courier Service, Inc.

Case Details

Full title:MARY ROKICKI et al., Respondents, v. 24 HOUR COURIER SERVICE, INC.…

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

Date published: Apr 23, 2001

Citations

282 A.D.2d 664 (N.Y. App. Div. 2001)
723 N.Y.S.2d 411

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