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53 Spencer Realty v. Fidelity Nat'l Tit. Ins.

Movant Rebuts Presumption of Proper Service, Entitled to Traverse Hearing

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Recitation, as required by CPLR 2219(a), of the papers considered in the review of defendant Emmanuel Schwarz’s pre-answer motion to dismiss.Papers NumberedNotice of Motion, Affirmation, and Exhibits Annexed 1-5Affirmations in Opposition and Exhibits AnnexedReply Affidavit and Exhibits AnnexedOther:DECISION/ORDER

*1 Upon the foregoing cited papers, the Decision/Order on this application is as follows:This is a pre-answer motion by defendant Emmanuel Schwarz, pursuant to CPLR §3211(a)(8), that the court does not have jurisdiction over him, to dismiss the instant action as against him. Plaintiff’s counsel submitted an affirmation in opposition purporting to oppose this motion, as well as four other motions seeking dismissal, which were all heard on September 7, 2017. His affirmation is e-file document #186. However, when it came time to argue this motion, it became clear that the plaintiff’s “Affirmation in Opposition to all Motions” did not actually address the instant motion. The court adjourned the instant

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