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NYCTL 2004-A TRUST v. FAYSAL

62 A.D.3d 409 (2009)

877 N.Y.S.2d 686

NYCTL 2004-A TRUST et al., Respondents, v. MASJID-AL FAYSAL, Appellant. RON GILBERT, Nonparty Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 5, 2009.

Plaintiffs failed to properly serve defendant, a corporation (see CPLR 311 [a] [1]; Business Corporation Law § 306 [b]; Gouiran Family Trust v Gouiran, 40 A.D.3d 400, 401 [2007] ["CPLR 308 (5) provides for special service upon natural persons only"]). Accordingly, the judgment must be vacated and the action dismissed (CPLR 5015 [a] [4]; Security Pac. Natl. Trust [N.Y.] v Chunassamy, 289 A.D.2d...

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