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Lavery v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1987
131 A.D.2d 820 (N.Y. App. Div. 1987)

Opinion

June 29, 1987

Appeal from the Supreme Court, Queens County (LeVine, J.).


Ordered that the order is reversed, with costs, the motion is denied, the complaint is reinstated, and the defendant's time to answer is extended until 20 days after service upon her of a copy of this decision and order, with notice of entry.

The defendant's presentation at the scene of the accident of a driver's license with an incorrect address was sufficient to estop her from "contesting the validity of the service of process upon [her] at the address noted on [her] license and the due diligence of the plaintiff in ascertaining [her] correct actual dwelling place or usual place of abode" (Treutlein v Gutierrez, 129 A.D.2d 791, 791-792; Hill v Jones, 113 A.D.2d 874; Kramer v Ryder Truck Rental, 112 A.D.2d 194). Thompson, J.P., Bracken, Lawrence and Harwood, JJ., concur.


Summaries of

Lavery v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1987
131 A.D.2d 820 (N.Y. App. Div. 1987)
Case details for

Lavery v. Lopez

Case Details

Full title:JO A. LAVERY, Appellant, v. MARY A. LOPEZ, Respondent

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

Date published: Jun 29, 1987

Citations

131 A.D.2d 820 (N.Y. App. Div. 1987)

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