FELDMAN v. FELDMAN


280 A.D.2d 276 (2001)

720 N.Y.S.2d 117

STEVEN J. FELDMAN, Appellant, v. ROBERTA S. FELDMAN, Respondent.

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

Decided February 1, 2001.


Plaintiff's motion for a default judgment was properly denied in view of the affidavit sworn to by his prior attorney attesting to service of the answer by mail on plaintiff's attorney (see, Engel v Lichterman, 62 N.Y.2d 943). In the absence of a showing to the contrary, the notary is presumed to have acted within his or her jurisdiction and carried out his or her duties as required by...

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