CANTALUPO v. CANTALUPO


271 A.D.2d 390 (2000)

707 N.Y.S.2d 323

MICHELE CANTALUPO, Respondent, v. SCOTT H. CANTALUPO, Appellant.

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

Decided April 3, 2000.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not err in denying the defendant's motion to vacate the judgment of divorce entered upon his default in answering, without conducting a hearing to determine the validity of service of process. The affidavit of the process server constituted prima facie evidence of proper service. In addition, the plaintiff submitted an affidavit from her father who witnessed service upon...

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