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  • Michael Knopf, Norma Knopf v. Frank M. Esposito, Dorsey & Whitney, Llp, Nathaniel H. Akerman, Edward S. Feldman Torts - Other (Fraud;Judiciary L. 487) document preview
  • Michael Knopf, Norma Knopf v. Frank M. Esposito, Dorsey & Whitney, Llp, Nathaniel H. Akerman, Edward S. Feldman Torts - Other (Fraud;Judiciary L. 487) document preview
  • Michael Knopf, Norma Knopf v. Frank M. Esposito, Dorsey & Whitney, Llp, Nathaniel H. Akerman, Edward S. Feldman Torts - Other (Fraud;Judiciary L. 487) document preview
  • Michael Knopf, Norma Knopf v. Frank M. Esposito, Dorsey & Whitney, Llp, Nathaniel H. Akerman, Edward S. Feldman Torts - Other (Fraud;Judiciary L. 487) document preview 
						
                                
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                                FILED:         NEW     YORK       COUNTY        CLERK        08/10/2021             02:01        PM                 INDEX    NO.   150315/2019
   NYSCEF     DOC.   NO.   477                                                                                RECEIVED      NYSCEF:     08/10/2021




                       	
  
                       	
  
                       	
  
                       	
  
                       	
  
                       	
  
                       	
  
                       	
  
                       	
  
                       	
  
                       	
  
                       	
  
                       	
  
                       	
  
                       	
  
                       	
  
                       	
  
                       	
  
                       	
  

                                                               EXHIBIT	
  2	
  
   FILED:         NEW     YORK       COUNTY        CLERK        08/10/2021             02:01        PM                 INDEX    NO.   150315/2019
   NYSCEF     DOC.   NO.   477                                                                                RECEIVED      NYSCEF:     08/10/2021




                  Bank           of     New         York           v.   Be       Be      Blond,            Ltd.
                  Appellate Division of the Supreme Court of New York,
                  Second Department
                  229 A.D.2d 369 (N.Y. App. Div. 1996)

                  July 1, 1996

                  Ordered that the appeal by Milton Braten is dismissed for failure to
                  perfect the appeal; and it is further,

                  Ordered that the order is reversed, on the law, the plaintiff's motion is
                  denied, and, upon searching the record, summary judgment is granted
                  to the appellants; and it is further,

                  Ordered that the appellants are awarded one bill of costs.

                  The plaintiff has failed to establish that the process server it employed
                  affixed the summons to the door of the building which constituted the
                  appellants' residence and office, as required by CPLR 308 (4). The
                  process server indicated in his affidavit of service that the premises was
                  surrounded by a locked gate, thus implying that access to the door was
                  impracticable. However, under those circumstances, it was incumbent
                  on the plaintiff to obtain an order specifying the proper means of
                  effectuating service (see, CPLR 308). Since the plaintiff failed to do this,
                  we search the record and grant summary judgment to the appellants
                  (see, CPLR 3212 [b]).

                  In view of the foregoing determination, we do not address the
                  appellants' remaining contention. Mangano, P.J., Thompson, Florio,
                  McGinity and Luciano, JJ., concur.