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TIRADO v. CITY OF NEW YORK

200 A.D.2d 383 (1994)

608 N.Y.S.2d 80

Brunilda Tirado, Respondent, v. City of New York, Defendant, and Roy Lewis, Appellant

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

January 6, 1994

Plaintiff met her burden of demonstrating by a fair preponderance of the evidence that defendant Roy Lewis had been properly served with the summons and complaint (see, Blue Spot v Superior Mdse. Elecs. Co., 150 A.D.2d 175, 176-177). The court was clearly warranted in concluding that the testimony of the process server was credible while that of defendant's...

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