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WELLS FARGO BANK, N.A. v. CHEROT

2011-07264.

102 A.D.3d 768 (2013)

957 N.Y.S.2d 886

2013 NY Slip Op 198

WELLS FARGO BANK, N.A., Respondent, v. NICHOLAS M. CHEROT, Appellant, et al., Defendants.

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

Decided January 16, 2013.

Ordered that order is affirmed, with costs.

At a hearing to determine the validity of service of process, the plaintiff's process server testified that he made three attempts to personally serve the defendant Nicholas M. Cherot (hereinafter the appellant) at his residence, including one attempt on a weekday evening at 7:20 p.m., and one attempt early on a Saturday morning. After his third attempt to personally serve the appellant proved unsuccessful, the process server...

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