Forrester v. Luisa

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered May 11, 2007, which, after a traverse hearing, granted defendant Ohee’s motion to dismiss the complaint as against her for lack of personal jurisdiction, unanimously affirmed, without costs.

Plaintiff failed to carry his burden of demonstrating, by a preponderance of the evidence (see Persaud v Teaneck Nursing Ctr., 290 AD2d 350 [2002]), that service was properly made upon Obee, a New Jersey resident, in accordance with Vehicle and Traffic Law § 253. Any presumption raised by the affidavit of service that Obee was personally…