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ELVA MANGOLD, Appellant, v. HELEN NEUMAN, Respondent.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed, with costs. The courts below concluded that defendant's dwelling place, where she stayed occasionally in connection with her business activities, was not a residence for purposes of CPLR 308 (subd 2). This affirmed factual determination is beyond the scope of our review, there being evidence in the record to support it.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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MANGOLD v. NEUMAN
(Jul 1, 1982)