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Nagy v. John Heuss House Drop In Shelter for Homeless

198 A.D.2d 115 Court N.Y. App. Div. Decision date 1993-11-16 English

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p. 115
Paul Nagy, Appellant, v John Heuss House Drop In Shelter for the Homeless, Respondent.
[605 NYS2d 842]

—Order, Supreme Court, New York County (Herman Cahn, J.), entered August 12, 1992, which denied plaintiff’s motion for a default judgment pursuant to CPLR 3215, unanimously affirmed, with costs.

Plaintiff has not complied with the requirements of service of process by mail pursuant to CPLR 312-a. He failed to enclose requisite statements of service, an acknowledgement for defendant’s subscription and a stamped return envelope. Service was never completed and the action was never properly commenced. Accordingly, plaintiffs motion was properly

p. 116
denied. Concur — Sullivan, J. P., Ross, Kassal, Rubin and Nardelli, JJ.