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GARCIA v. MUNSEOB

Appellate Division of the Supreme Court of New York, Second Department.
Oct 3, 2006

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Queens County, for a hearing on the issue of whether proper service was effected and for a new determination of the motion.

In this particular case, considering the process server's affidavit of service as supplemented by the process server's affidavit submitted in opposition to the defendant's motion ( see Galarza v Saddle Cove Assoc., LLC, 22 AD3d 523; cf Gurevitch v Goodman, 269 AD2d 355, 355-356), a hearing was necessary to determine the issue of whether proper service was effected.