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CHAUDRY CONSTRUCTION CORP. v. JAMES G. KALPAKIS & ASSOCIATES

60 A.D.3d 544 (2009)

875 N.Y.S.2d 78

CHAUDRY CONSTRUCTION CORP., Respondent, v. JAMES G. KALPAKIS & ASSOCIATES, Appellant.

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

Decided March 24, 2009.

Even assuming the affirmations of service by plaintiff's counsel sufficiently raised a presumption of proper mailing, defendant rebutted that presumption by showing they were mailed to an incorrect address (see Matter of Holland v New York City, 271 A.D.2d 609, 610 [2000]), necessitating a traverse hearing (see Northern v Hernandez, 17 A.D.3d 285 [2005]). Furthermore, defendant's submissions...

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