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SANDO REALTY CORP. v. ARIS

209 A.D.2d 682 (1994)

619 N.Y.S.2d 140

Sando Realty Corp., Respondent, v. Joram J. Aris, Appellant, et al., Defendant

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

November 28, 1994

Ordered that the order is affirmed, with costs.

The process server's affidavit, which indicated that the appellant was served in accordance with CPLR 308 (2), constituted prima facie evidence of proper service and the appellant's conclusory denial of receipt of the summons and complaint was insufficient to raise any issue of fact (see, Genway Corp. v Elgut, 177 A.D.2d 467; Colon v Beekman Downtown Hosp.,

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