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CROOM v. FONDO

209 A.D.2d 296 (1994)

619 N.Y.S.2d 544

Wendy Croom, Respondent, v. Edwin Y. Fondo, Appellant

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

November 17, 1994

Contrary to defendant's claim, the Special Referee did not place the burden on him to demonstrate that he was properly served. Based on the testimony adduced at the traverse hearing, plaintiff satisfied her burden of demonstrating that defendant was personally served with process. To the extent that defendant challenges the credibility and factual findings of the Special Referee and the IAS Court, we note that these findings are...

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