FEDERAL HOME LOAN MORTGAGE CORPORATION v. MacPHERSON


277 A.D.2d 418 (2000)

717 N.Y.S.2d 234

FEDERAL HOME LOAN MORTGAGE CORPORATION, Respondent, v. DONALD MacPHERSON, Appellant, et al., Defendants. GARY E. KELLEY, Intervenor-Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 27, 2000.


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 the purpose of holding a hearing on the issue of whether personal jurisdiction was obtained over the appellant, and thereafter for a new determination of his motion.

The appellant submitted a sworn statement that he never found a summons and complaint allegedly affixed to the door of his apartment on Varick Street in...

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