OCCHIUZZI v. OCCHIUZZI


108 A.D.2d 799 (1985)

Minerva E. Occhiuzzi, Respondent, v. Osvaldo Occhiuzzi, Appellant

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

February 11, 1985


Order affirmed, with costs.

The issue at the traverse hearing was whether defendant was personally served with a summons on February 21, 1981, at Kennedy Airport. The process server testified that he personally served defendant, whom he recognized from a picture with which he was provided. Defendant admitted that he was at Kennedy Airport at the relevant time, but denied being served or even seeing the process server. The conflicting testimony thus presented an issue...

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