Deutsche Bank National Trust Co. v. Pestano
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Bunyan, J.), dated March 25, 2009, which, upon a decision of the same court (Archer, J.H.O.), dated January 29, 2009, made after a hearing, finding that service of process was improper, granted the motion of the defendant Florence Clay to vacate a judgment of foreclosure and sale of the same court entered June 14, 2007.
Ordered that the order is affirmed, with costs.
A process server’s affidavit of service ordinarily constitutes prima facie evidence of proper service (see Wells Fargo Bank,…
2Cases cited11 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Bankers Trust Co. of California, N.A. v. TsoukasAppellate Division of the Supreme Court of the State of New York · 2003
- Wells Fargo Bank v. ChaplinAppellate Division of the Supreme Court of the State of New York · 2009
- European American Bank & Trust Co. v. SerotaAppellate Division of the Supreme Court of the State of New York · 1997
- Bank of America National Trust & Savings Ass'n v. HerrickAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by18 opinions
- Wells Fargo Bank, N.A. v. ChristieAppellate Division of the Supreme Court of the State of New York · 2011
- Engel v. BoymelgreenAppellate Division of the Supreme Court of the State of New York · 2011
- Velez v. ForcelliAppellate Division of the Supreme Court of the State of New York · 2015
- Toyota Motor Credit Corp. v. LamAppellate Division of the Supreme Court of the State of New York · 2012
- Rosemark Contractors, Inc. v. NessAppellate Division of the Supreme Court of the State of New York · 2017
13 more not listed; retrieve them via the Exa API.