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PERSAUD v. TEANECK NURSING CENTER, INC.

290 A.D.2d 350 (2002)

736 N.Y.S.2d 367

SHAWN PERSAUD, Respondent, v. TEANECK NURSING CENTER, INC., et al., Defendants, and LONG TERM CARE CONSULTANTS, INC., et al., Appellants.

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

Decided January 24, 2002.

The IAS court erred in concluding that proper service of the summonses and complaints was effectuated upon defendants. Defendants provided sufficient evidence in the form of sworn affidavits demonstrating that they were never served with process in accordance with CPLR 308 and 311. It is well settled that the plaintiff has the burden of proving, by a preponderance of the credible evidence, that service was properly made (see...

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