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ALVAREZ v. KLEIN

55 A.D.3d 643 (2008)

INGRID ALVAREZ et al., Plaintiffs, v. EMIL KLEIN et al., Defendants, BARUCH MAPPA et al., Appellants, and ANTONIA C. NOVELLO, Respondent. STATE OF NEW YORK, Nonparty Respondent.

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

October 14, 2008.

Ordered that on the Court's own motion, the notice of appeal from the order is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs.

The respondents failed to establish that service on the appellants pursuant to CPLR 308 (1...

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