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CAMPOVERDE v. PAREJAS

2011-10796.

95 A.D.3d 1251 (2012)

944 N.Y.S.2d 895

2012 NY Slip Op 4119

JORGE CAMPOVERDE, Respondent, v. ALBERTO PAREJAS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 30, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

At a hearing to determine the validity of service of process upon the defendant, the plaintiff established that the process server could not be compelled with due diligence to attend the hearing and, therefore, his affidavit constituted admissible prima facie evidence of service pursuant to CPLR 308 (4) (see CPLR 4531; Koyenov v Twin-D Transp., Inc., 33 A.D.3d 967...

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