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IRWIN MORTGAGE CORPORATION v. DEVIS

2009-03769

72 A.D.3d 743 (2010)

898 N.Y.S.2d 854

IRWIN MORTGAGE CORPORATION, Respondent, v. CARLINE DEVIS, Appellant, et al., Defendants.

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

Decided April 13, 2010.

Ordered that the order is affirmed, with costs.

The process server's affidavit of service constituted prima facie evidence of proper service upon the appellant pursuant to CPLR 308 (4), and her unsubstantiated denials of receipt of the summons and complaint were insufficient to rebut that showing (see SFR Funding, Inc. v Studio Fifty Corp., 36 A.D.3d 604, 605 [2007]; see...

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