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DOKOUDOVSKY v. 21043 CORP.

189 A.D.2d 618 (1993)

Vladimir Dokoudovsky, Individually and Doing Business as New York Conservatory of Dance, Appellant, v. 21043 Corp. et al., Respondents

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

January 12, 1993

It was error to make a factual finding of non-service on the basis of conflicting claims contained in the moving and answering papers with respect to the service of a note of issue containing a jury demand. The forum for the resolution of such claims is a traverse. In any event, in the face of a duly filed affidavit of service by mail, and the presumption it carries of a proper mailing (see, Engel v Lichterman,

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