PENA v. BROS


62 A.D.3d 466 (2009)

878 N.Y.S.2d 336

MARITZA PENA, Appellant, v. STAHL BROS, Respondent.

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

Decided May 7, 2009.


The motion court properly granted the motion and determined that a traverse hearing was not warranted. The record establishes that plaintiff failed to meet her burden of showing that defendant was served in accordance with the requirements of CPLR 310 (b). The affidavit of service averred that the "managing agent" of defendant was served, but not that the summons and complaint were mailed to the partnership's place of business or the last known home address of the member...

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