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BRITT v. KLINDT

209 A.D.2d 370 (1994)

619 N.Y.S.2d 595

Maureen N. Britt, Respondent, v. Joyce A. Klindt, Appellant, et al., Defendant

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

November 7, 1994

Ordered that the order is affirmed, with costs.

The Supreme Court correctly found, by a preponderance of the evidence, that service was completed pursuant to CPLR 308 (2), and jurisdiction obtained over the appellant. The fact that the process server's testimony at the hearing was contradictory to his original affidavit of service with respect to when mailing was performed raised an issue of credibility which was resolved...

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