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MERCHANTS INSURANCE GROUP v. COUTRIER

59 A.D.3d 602 (2009)

873 N.Y.S.2d 223

MERCHANTS INSURANCE GROUP, as Subrogee of HELEN COUTRIER, Appellant, v. PETER COUTRIER, Respondent.

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

Decided February 17, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The branch of the defendant's motion which was pursuant to CPLR 5015 (a) (4) to vacate the default judgment was properly granted since the purported service pursuant to the "nail and mail" provision of CPLR 308 (4) was defective. The defendant testified at the hearing to determine the validity of service of process that he had lived at his mother's house for the past 34 years, that he had never...

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