FED. DEPOSIT INS. CORP. v. EVANGELISTA


226 A.D.2d 208 (1996)

641 N.Y.S.2d 19

Federal Deposit Insurance Corporation, as Receiver of Dollar Dry Dock Bank, Respondent, v. Anthony Evangelista, Appellant, et al., Defendants

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

April 16, 1996


A preponderance of the evidence at the traverse, including the process server's testimony, affidavit of service and logbook, established that the summons and complaint were delivered to defendant's wife, a person of suitable age and discretion, on June 8, 1994, and mailed the next day to defendant's residence, in accordance with CPLR 308 (2). The discrepancies between the process server's description of defendant's wife and her actual height, weight and first name are not...

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