BANK OF AM. NAT'L TRUST & SAV. ASS'N v. HERRICK


233 A.D.2d 351 (1996)

650 N.Y.S.2d 754

Bank of America National Trust & Savings Association, Respondent, v. John Herrick et al., Appellants, et al., Defendants

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

November 12, 1996


Ordered that the order is reversed, on the law, with costs, the plaintiff's motion for summary judgment is denied, and the cross motion is granted to the extent that the matter is remitted to the Supreme Court, Nassau County, for a hearing to determine whether process was properly served.

It is well established that the burden of proving that personal jurisdiction was acquired rests at all times upon the plaintiff in the action. Ordinarily, a proper affidavit of a...

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