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DEUTSCHE BANK NATIONAL TRUST COMPANY v. HUSSAIN

2009-05507.

78 A.D.3d 989 (2010)

DEUTSCHE BANK NATIONAL TRUST COMPANY, Respondent, v. FARHANA HUSSAIN, Appellant, et al., Defendants.

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

Decided November 23, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the motion of the defendant Farhana Hussain (hereinafter the defendant) which was pursuant to CPLR 5015 (a) (4) to vacate a judgment of foreclosure and sale. The affidavit of the process server constituted prima facie evidence of proper service pursuant to CPLR 308 (2) (see Hamlet on Olde Oyster Bay Homeowners Assn., Inc. v Ellner, ...

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