Gross v. Fruchter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover on a promissory note, the plaintiff appeals from an order of the Supreme Court, Kings County (Golden, J.), dated May 16, 1995, which denied his motion for summary judgment in lieu of complaint pursuant to CPLR 3213.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Kings County, for entry of an appropriate judgment.
*711Initially, the process server’s affidavit established prima facie proof of service under CPLR 308 (4), and the defendant’s allegations failed to rebut the veracity or content…
2Cases cited9 opinions
- Silber v. MuschelAppellate Division of the Supreme Court of the State of New York · 1993
- Bennell Hanover Associates v. NeilsonAppellate Division of the Supreme Court of the State of New York · 1995
- Dunning v. DunningNew York Court of Appeals · 1950
- Benderson Development Co. v. Hallaway Properties, Inc.New York Court of Appeals · 1986
- Genway Corp. v. ElgutAppellate Division of the Supreme Court of the State of New York · 1991
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- Matrix Financial Services Corp. v. McKiernanAppellate Division of the Supreme Court of the State of New York · 2002
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