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NASATIR v. LENOX HILL HOSP.

236 A.D.2d 213 (1997)

653 N.Y.S.2d 20

Iain Nasatir, as Executor of Victoria Goldberg, Deceased, et al., Respondents, v. Lenox Hill Hospital, Appellant, et al., Defendants

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

February 4, 1997

The motion court correctly held that because defendant's employee, who was authorized to accept service, could not say with certainty that she did not receive a summons on the day in question, she failed to effectively rebut the affidavit of service and the burden of proof never shifted back to plaintiff (see, Lincoln First Bank-Cent. v Bombard Chevrolet, 55 A.D.2d 1048; Anton...

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