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LIRIANO v. EVEREADY INSURANCE COMPANY

No. 2011-11883.

94 A.D.3d 716 (2012)

941 N.Y.S.2d 509

2012 NY Slip Op 2466

RAMON LIRIANO, Respondent, v. EVEREADY INSURANCE COMPANY, Appellant.

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

Decided April 3, 2012.

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, the Supreme Court properly determined that summary judgment should be denied because the affidavit of service prepared by the plaintiff's now-deceased process server may be admitted as prima facie evidence of service in proceedings before that court (see CPLR 4531; Koyenov v Twin-D Transp., Inc., 33 A.D.3d 967, 969 [2006]). The...

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