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ARLENE WILLIAMS, Respondent, v. ILA YASSKY, Appellant, et al., Defendants.

Defendant's failure to notify the Department of Motor Vehicles of the change in her address as required by Vehicle and Traffic Law § 505 (5), estops her from contesting the service of process that was made at the address contained in her license exhibited at the scene of the accident (Harrington v Dickinson, 159 A.D.2d 876, lv dismissed 76 N.Y.2d 935). We therefore agree with the first order of the IAS Court, notwithstanding the contrary conclusion of the Special Referee, that jurisdiction over defendant was obtained by the personal service that was made at such address pursuant to CPLR 308 (2). We have considered defendant's other arguments and find them to be without merit.

Concur — Sullivan, J.P., Carro, Rosenberger, Ross and Asch, JJ.

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WILLIAMS v. YASSKY
(Dec 2, 1993)