Sando Realty Corp. v. Aris
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for fraud, the defendant Joram J. Aris appeals from an order of the Supreme Court, Nassau County (Brucia, J.), dated June 1, 1993, which denied his motion to strike the plaintiffs notice of inquest on the ground that he was not properly served with the summons and complaint.
Ordered that the order is affirmed, with costs.
The process server’s affidavit, which indicated that the appellant was served in accordance with CPLR 308 (2), constituted prima facie evidence of proper service and the appellant’s conclusory denial of receipt of the summons and…
2Cases cited2 opinions
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