CAPITAL RESOURCES CORP. v. AUGUSTE


266 A.D.2d 330 (1999)

698 N.Y.S.2d 303

CAPITAL RESOURCES CORP., Respondent, v. ANNE M. AUGUSTE, Appellant, et al., Defendant.

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

Decided November 15, 1999.


Ordered that the order is affirmed, without costs or disbursements.

We reject the appellant's contention that the judgment of foreclosure should have been vacated based on improper service. Where a process server dies after service and prior to a hearing as to whether service was properly effected, his affidavit of service may be received as prima facie evidence of service provided it is not conclusory and devoid of sufficient detail (see, CPLR 4531; Gordon...

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