MILLER v. ROCHE


227 A.D.2d 998 (1996)

643 N.Y.S.2d 825

Gerard A. Miller, Appellant, v. John T. Roche, Respondent. (Appeal No. 2.)

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

May 31, 1996


Judgment unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint without conducting a hearing on the issue whether the summons was personally served upon defendant. "Ordinarily, a proper affidavit of a process server attesting to personal delivery of a summons to a defendant is sufficient to support a finding of jurisdiction...

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