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Shapiro v. Messing

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1991
171 A.D.2d 860 (N.Y. App. Div. 1991)

Opinion

March 25, 1991

Appeal from the Supreme Court, Nassau County (Roberto, J.).


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the credible evidence in the record amply supports the hearing court's conclusion that personal service of the summons and complaint was not effected upon the defendant Samuel Messing in accordance with CPLR 308 (1). Furthermore, the mere fact that Messing received prompt actual notice of the action is of no moment in determining whether he was properly served (see, Maccia v Russo, 67 N.Y.2d 592; Marine Midland Realty Credit Corp. v Welbilt Corp., 145 A.D.2d 84). Brown, J.P., Sullivan, Eiber and O'Brien, JJ., concur.


Summaries of

Shapiro v. Messing

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1991
171 A.D.2d 860 (N.Y. App. Div. 1991)
Case details for

Shapiro v. Messing

Case Details

Full title:JACK M. SHAPIRO, Appellant, v. SAMUEL MESSING, Respondent, et al.…

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

Date published: Mar 25, 1991

Citations

171 A.D.2d 860 (N.Y. App. Div. 1991)
567 N.Y.S.2d 543