Woods v. M.B.D. Community Housing Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
At the traverse hearing, plaintiff failed to satisfy his burden of establishing proper service by a preponderance of the evidence (see Chaudry Constr. Corp. v James G. Kalpakis & Assoc., 60 AD3d 544 [2009]; Elm Mgt. Corp. v Sprung, 33 AD3d 753, 754-755 [2006]; Continental Hosts v Levine, 170 AD2d 430 [1991]). The process server did not produce his log book, and neither his affidavits of service nor his testimony established a sufficient basis for his belief that the person he allegedly served was authorized to accept service on behalf of the corporate defendants. Further, defendants’ current…
2Cases cited8 opinions
- Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
- Earle v. ValenteAppellate Division of the Supreme Court of the State of New York · 2003
- DiBuono v. Abbey, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Elm Management Corp. v. SprungAppellate Division of the Supreme Court of the State of New York · 2006
- Continental Hosts, Ltd. v. LevineAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by13 opinions
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- De La Cruz Beras v. Alan Rena Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2021
- 600 W. 218th St. Assoc. LLC v. Proano, Civil Court Of The City Of New York, New York County2024
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