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POREE v. BYNUM

56 A.D.3d 261 (2008)

866 N.Y.S.2d 663

ERNEST POREE, Appellant, v. GREGORY BYNUM, Respondent.

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

November 6, 2008.

The traverse hearing was warranted where the parties' conflicting affidavits disputed whether service had properly been effected (see Anello v Barry, 149 A.D.2d 640, 641 [1989]). Plaintiff submitted an affidavit stating that substituted service had been made on defendant's mother at the address confirmed as defendant's through records at the Department of Motor Vehicles. Defendant denied that he lived at that address, even though...

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