Holtzer v. Stepper

—Judgment, Supreme Court, New York County (Richard Lowe, III, J.), entered March 18, 1999, dismissing the complaint for lack of jurisdiction after a traverse hearing, unanimously affirmed, without costs.

Plaintiffs failed to meet their burden of showing proper service. Any presumption of service raised by the affidavit of service was overcome by defendant’s testimony to the contrary, which has support in the traverse court’s findings of significant discrepancies between defendant’s physical characteristics and the description of him given in the affidavit of service. Moreover, the testimony of…