Cirillo's claim that he did not receive any correspondence or notices in the mail concerning the litigation is belied by the record and his own sporadic appearances in the proceedings, such as at the hearing on the motion to compel his deposition and the deposition itself, where he confirmed his mailing address to plaintiff's counsel. Cirillo did not meet his burden of overcoming the presumption of proper mailing and establishing nonreceipt (see Engel v Lichterman,
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CASIMIR v. CONSUMER HOME MORTGAGE INC.
65 A.D.3d 954 (2009)
886 N.Y.S.2d 11
MONIQUE CASIMIR, Respondent, v. CONSUMER HOME MORTGAGE INC. et al., Defendants, and Louis CIRILLO, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided September 24, 2009.
Decided September 24, 2009.
Appellate Division of the Supreme Court of New York, First Department.
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