FLUSHING NAT'L BANK v. RICH-HAVEN MOTOR SALES, INC.


123 A.D.2d 663 (1986)

Flushing National Bank, Appellant, v. Rich-Haven Motor Sales, Inc., et al., Respondents, et al., Defendants. (Action No. 1.) Rich-Haven Motor Sales, Inc., et al., Respondents, et al., Plaintiff, v. Flushing National Bank, Appellant. (Action No. 2.)

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

October 14, 1986


Ordered that the order is affirmed, with costs.

It is well established that a properly executed affidavit of service raises a presumption that proper mailing occurred (see, Engel v Lichterman, 95 A.D.2d 536, affd 62 N.Y.2d 943). The mere denial of the receipt of the conditional order of preclusion served by the respondents' attorney upon the appellant's attorney does not suffice...

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