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HSBC BANK USA, N.A. v. A&R TRUCKING COMPANY, INC.

1333, 116318/06.

66 A.D.3d 606 (2009)

887 N.Y.S.2d 581

2009 NY Slip Op 7762

HSBC BANK USA, N.A., Successor by Merger to HSBC BANK USA, Formerly Known as MARINE MIDLAND BANK, Successor by Conversion to MARINE MIDLAND BANK, N.A., Appellant, v. A&R TRUCKING COMPANY, INC., Defendant, and VALIA MAMALAKIS, Respondent.

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

Decided October 29, 2009.

In moving to vacate the judgment, Mamalakis alleged that process was not properly served in accordance with the "nail and mail" provision of CPLR 308 (4). After a traverse hearing, the court vacated the judgment and dismissed this action (see NYCTL 2004-A Trust v Faysal, 62 A.D.3d 409 [2009]) after determining that service had been attempted at an address where Mamalakis did not...

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