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NUNEZ-ARIZA v. NELL

6642, 21891/14E.

161 A.D.3d 614 (2018)

78 N.Y.S.3d 38

2018 NY Slip Op 03735

Jose Daniel Nunez-Ariza, Respondent, v. Brian J. Nell, Appellant, et al., Defendants.

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

Decided May 24, 2018.

Where plaintiff attempted to serve defendant pursuant to Vehicle and Traffic Law § 253, but the notice of service upon the Secretary of State along with a copy of the summons and complaint that he mailed to defendant's out-of-state address was returned as undeliverable, service was never effectuated (Vehicle and Traffic Law § 253; Meza v Proud Tr. Inc., 55 A.D.3d 332 [1st Dept 2008]). However, where, as here, service is...

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