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COOPER v. DROBENKO BROS. REALTY, INC.

200 A.D.2d 415 (1994)

606 N.Y.S.2d 213

Stanley Cooper et al., Respondents, v. Drobenko Brothers Realty, Inc., et al., Appellants

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

January 11, 1994

We disagree with the IAS Court that defendants' affirmative defenses of improper service, laches, adverse possession, and the Statute of Limitations lack merit. The denial of service in defendants' verified bill of particulars is sufficient to refute the prima facie showing of service made in the process server's affidavit (see, CPLR 105 [t]; Howard v Spitalnik, 68 A.D.2d 803). Defendants also showed that they took action...

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