Plaintiffs contended that the individual defendant was served pursuant to the affix and mail statute, CPLR 308(4) at “42 West 17 Street #12B /#12C” on Dec. 8, 2022.

On March 29, 2023, counsel for defendant informed plaintiffs’ counsel that defendant denied having been served, adding that the affidavit of service incorrectly indicated that he was served at two separate addresses.

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