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MEAGHER v. ARA SERV.

242 A.D.2d 286 (1997)

660 N.Y.S.2d 739

Brian C. Meagher, Jr., Appellant, v. ARA Service et al., Defendants, and Brian Minogue, Respondent

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

August 11, 1997

Ordered that the judgment is affirmed, with costs.

It is the plaintiff who bears the ultimate burden of proving by a preponderance of the evidence that jurisdiction over a defendant was obtained (see, Wern v D'Alessandro, 219 A.D.2d 646). The record amply supports the hearing court's determination that the plaintiff did not sustain his burden...

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