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BETH ABRAHAM HEALTH SERVICES v. ECCLESTON-JOHNSON

6938, 102367/09.

93 A.D.3d 420 (2012)

938 N.Y.S.2d 890

2012 NY Slip Op 1564

BETH ABRAHAM HEALTH SERVICES, Respondent, v. MILDRED ECCLESTON-JOHNSON, Appellant.

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

Decided March 1, 2012.

The affidavit of service is prima facie evidence of proper service, and no issue of fact is raised by defendant's conclusory denial of service (see Chinese Consol. Benevolent Assn. v Tsang, 254 A.D.2d 222, 223 [1998]). Plaintiff nursing facility made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence that defendant resided at the nursing facility during the time specified, failed to pay the...

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