AQUILA v. AQUILA


129 A.D.2d 544 (1987)

George F. Aquila, Respondent, v. Constance A. Aquila, Appellant

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

April 6, 1987


Ordered that the order is reversed, on the law and the facts, with costs, the motion is granted, the judgment of divorce is vacated, and the plaintiff husband's complaint is dismissed.

The issue at the hearing was whether or not the defendant was personally served with process in front of her home in Brooklyn on May 13, 1985. It is well established that the burden is upon the plaintiff to establish proper service by a preponderance of the credible evidence (see...

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