96 PIERREPONT, LLC v. MAURO


304 A.D.2d 631 (2003)

757 N.Y.S.2d 468

96 PIERREPONT, LLC, Respondent, v. WILLIAM MAURO et al., Appellants.

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

Decided April 14, 2003.


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

The process server's affidavits of service constitute prima facie evidence of proper service pursuant to CPLR 308 (2), and the defendants' unsubstantiated denials of service of the summons and complaint were insufficient to rebut that showing (see Simmons First Natl. Bank v Mandracchia, 248 A.D.2d 375 [1998]; Sando Realty Corp. v Aris,

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