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SIMONDS v. GROBMAN

277 A.D.2d 369 (2000)

716 N.Y.S.2d 692

RICHARD SIMONDS et al., Respondents, v. ELLEN GROBMAN et al., Appellants.

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

Decided November 20, 2000.

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

The defendants moved to dismiss the complaint pursuant to CPLR 3211 (a) (8) on the ground that they had not been properly served with process pursuant to CPLR 308 (2). The process server's affidavits constituted prima facie evidence of proper service pursuant to CPLR 308 (2) (see, Wieck v Halpern, 255 A.D.2d 438; Simmons First Natl. Bank v Mandracchia...

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