VERILLE v. KOPIC


304 A.D.2d 823 (2003)

757 N.Y.S.2d 875

STEVEN VERILLE et al., Respondents, v. DRAGO KOPIC, Appellant.

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

Decided April 28, 2003.


Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for a hearing on the issue of whether proper service was effected.

Ordinarily a proper affidavit of a process server attesting to personal delivery of a summons to a party is sufficient to support a finding of jurisdiction. Where, as here, however, there is a sworn denial of service by the party allegedly served, the affidavit of service...

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