De Zego v. Bruhn, M. D., P. C.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.
We agree with the Appellate Division that plaintiffs failed to meet their burden of proving service outside the State (see, CPLR 313) pursuant to CPLR 308 (1). The affidavits of service are devoid of the requisite factual and descriptive information to show that plaintiffs’ summons and complaint were delivered to defendant personally (see, CPLR 306 [a], [b]). Moreover, even if, as plaintiffs contend, the affidavits were entitled to a general…
2Cited by28 opinions
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- Mayes v. UVI Holdings, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
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