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FORRESTER v. LUISA

52 A.D.3d 324 (2008)

859 N.Y.S.2d 645

ANDREW FORRESTER, Appellant, v. CAROL A. LUISA et al., Defendants, and ELIZABETH M. OBEE, Respondent.

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

Decided June 12, 2008.

Plaintiff failed to carry his burden of demonstrating, by a preponderance of the evidence (see Persaud v Teaneck Nursing Ctr., 290 A.D.2d 350 [2002]), that service was properly made upon Obee, a New Jersey resident, in accordance with Vehicle and Traffic Law § 253. Any presumption raised by the affidavit of service that Obee was personally served was overcome by her testimony to the contrary, which was supported in the traverse...

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