NAT'L UNION FIRE INS. CO. OF PITTSBURGH v. MONTGOMERY


245 A.D.2d 150 (1997)

665 N.Y.S.2d 665

National Union Fire Insurance Company of Pittsburgh, Pa., Appellant, v. Bruce R. Montgomery, Respondent, et al., Defendant

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

December 16, 1997


Defendant's affidavit that he did not open the door to his home for a man who knocked on the door and said he had "some papers" but neither identified himself nor the papers he had, and that after the man left plaintiff found the summons and complaint on his doorstep, is sufficient to rebut the process server's affidavit that he personally delivered the summons and complaint to defendant, and raises an issues of fact as to jurisdiction (see, Cooper v Drobenko Bros...

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