Majority
p. 267In the Matter of Michael Bloomberg, Respondent, v Michael N. Niebauer, Appellant, et al., Respondent. [732 NYS2d 154]
Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered August 10, 2001, unanimously affirmed for the reasons stated by Schoenfeld, J., without costs or disbursements. In addition, we note service was defective as it was in violation of CPLR 2103 (a), as conceded by appellant at oral argument. No opinion. Concur — Mazzarelli, J. P., Saxe, Buckley, Friedman and Marlow, JJ.