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Coolidge-Island Equities v. Nicholas

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1996
226 A.D.2d 577 (N.Y. App. Div. 1996)

Opinion

April 22, 1996

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


Ordered that the matter is remitted to the Supreme Court, Suffolk County, to hear and determine whether the appellant was properly served with the summons and the appeals are held in abeyance in the interim. The Supreme Court, Suffolk County, is to file its report with all convenient speed.

The affidavit by the defendant Katherine Nicholas denying that she had been personally served with process under CPLR 308 (1) sufficiently controverted the process server's affidavit so as to require a hearing on the issue of jurisdiction ( see, Skyline Agency v. Ambrose Cappotelli, Inc., 117 A.D.2d 135). Balletta, J.P., Thompson, Santucci and Florio, JJ., concur.


Summaries of

Coolidge-Island Equities v. Nicholas

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1996
226 A.D.2d 577 (N.Y. App. Div. 1996)
Case details for

Coolidge-Island Equities v. Nicholas

Case Details

Full title:COOLIDGE-ISLAND EQUITIES LIMITED PARTNERSHIP, Respondent, v. KATHERINE…

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

Date published: Apr 22, 1996

Citations

226 A.D.2d 577 (N.Y. App. Div. 1996)
641 N.Y.S.2d 560

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