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BENJAMIN v. AVIS RENT-A-CAR SYS., INC.

208 A.D.2d 449 (1994)

617 N.Y.S.2d 719

Vernon Benjamin, Respondent, v. Avis Rent-a-Car Systems, Inc., Defendant, and Terry K. Cornelius, Appellant

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

October 20, 1994

Not only was plaintiff's affidavit of service prima facie proof of proper service that defendant failed to rebut (Genway Corp. v Elgut, 177 A.D.2d 467), but defendant, having provided the Department of Motor Vehicles and the police at the scene of the accident with the address at which service was made, is estopped from asserting that such address was not his residence (Deas v Brunke...

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