HOLTZER v. STEPPER


268 A.D.2d 372 (2000)

702 N.Y.S.2d 268

GARY HOLTZER et al., Appellants, v. MICHAEL STEPPER, Sued Herein as MICHAEL STEPPE, Respondent.

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

Decided January 25, 2000.


Plaintiffs failed to meet their burden of showing proper service. Any presumption of service raised by the affidavit of service was overcome by defendant's testimony to the contrary, which has support in the traverse court's findings of significant discrepancies between defendant's physical characteristics and the description of him given in the affidavit of service. Moreover, the testimony of plaintiff's process server failed to rebut defendant's testimony with convincing...

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