Beris v. Miller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Berkowitz, J.), dated May 21, 1986, which denied his motion to dismiss the complaint for lack of personal jurisdiction.
Ordered that the order is reversed, on the law and the facts, with costs, the motion is granted, and the complaint is dismissed.
Due to the process server’s contradictory testimony at the *823hearing, the plaintiff failed to sustain his burden of proving that service of process was made upon the defendant pursuant to CPLR 308 (2) (see, Anton v…
2Cases cited6 opinions
- Gager v. WhiteNew York Court of Appeals · 1981
- De Zego v. Bruhn, M. D., P. C.New York Court of Appeals · 1986
- Calloway v. National Services Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Anton v. AmatoAppellate Division of the Supreme Court of the State of New York · 1984
- De Zego v. BruhnAppellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Williams v. Uptown Collision, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Leis v. FinkelsteinAppellate Division of the Supreme Court of the State of New York · 1994
4 more not listed; retrieve them via the Exa API.