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BERIS v. MILLER

128 A.D.2d 822 (1987)

Jeffrey E. Beris, Respondent, v. Michael A. Miller, Appellant

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

March 30, 1987

Ordered that the order is reversed, on the law and the facts, with costs, the motion is granted, and the complaint is dismissed.

Due to the process server's contradictory testimony at the hearing, the plaintiff failed to sustain his burden of proving that service of process was made upon the defendant pursuant to CPLR 308 (2) (see, Anton v Amato, 101 A.D.2d 819; De Zego...

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