Legal Opinion

Ayala v. Bassett

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 2008PublishedCited by 2 opinions

1Opinion of the Court

*388As gleaned from the face of the affidavit of service, the process server exercised due diligence in attempting to serve defendant personally with the summons and complaint before resorting to nail-and-mail service at the residential address defendant had provided to police at the time of the accident (see CPLR 308 [4]). The affidavit constituted prima facie evidence of proper service, indicating efforts to serve defendant at the residence on three different occasions (early morning, afternoon and evening) across a 22-day span (see e.g. Brown v Teicher, 188 AD2d 256 [1992]). When the burden…

2Cases cited7 opinions

  1. Pommells v. PerezNew York Court of Appeals · 2005
  2. Grasso v. AngeramiNew York Court of Appeals · 1991
  3. Shinn v. CatanzaroAppellate Division of the Supreme Court of the State of New York · 2003
  4. Boorman v. DeutschAppellate Division of the Supreme Court of the State of New York · 1989
  5. Johnson v. DeasAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by2 opinions

  1. Board of Mgrs. of 50 W. 127th St. Condominium v. KiddAppellate Division of the Supreme Court of the State of New York · 2019
  2. Unitrin Safeguard Ins. Co. v. Della-NoceAppellate Division of the Supreme Court of the State of New York · 2026

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