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NORWEST BANK MINNESOTA, N.A., ETC., RESPONDENT, v. ELIZABETH W. L. GALASSO, ETC., ET AL., DEFENDANTS, "JOHN DOE", ETC., APPELLANT.

DECISION ORDER

ORDERED that the order is reversed, as an exercise of discretion, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for the purpose of holding a hearing on the issue of whether personal jurisdiction was obtained over the appellant and thereafter for a new determination of his motion.

The appellant's sworn statement that no summons and complaint appeared on his door on May 14, 1999, sufficiently refuted the process server's affidavit stating that the service was properly accomplished pursuant to CPLR 308(4). Accordingly, a hearing should have been held (see, Hopkins v. Tinghino, 248 A.D.2d 794).

The appellant's remaining contentions are without merit.

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NORWEST BANK MINNESOTA v. GALASSO
(Aug 21, 2000)