SAXON MORTGAGE SERVICES, INC. v. BELL


63 A.D.3d 1029 (2009)

880 N.Y.S.2d 573

SAXON MORTGAGE SERVICES, INC., Respondent, v. BARRY G. BELL, Appellant, et al., Defendants.

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

Decided June 23, 2009.


Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Dutchess County, for a hearing to determine whether process was properly served and, thereafter, a new determination of the motion and cross motion.

Where, as here, the appellant submitted a detailed affidavit stating that he was home on each of the occasions when the process server purportedly attempted to serve process pursuant to CPLR 308 (2), he rebutted...

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