RINKIEWICZ v. DUGOUT, INC.

12185N, 302742/10

116 A.D.3d 518 (2014)

983 N.Y.S.2d 271

2014 NY Slip Op 2526

TONY RINKIEWICZ, Respondent, v. THE DUGOUT, INC., et al., Appellants.

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

Decided April 10, 2014.


While there were some facts to suggest defendant Harold Terry was not the person served, nothing offered was dispositive. Therefore, in light of the detailed testimony of the process server regarding the specifics of the service, his substantially accurate description of Terry in the affidavit of service and his in-court identification of Terry as the individual served, this Court will accept the credibility determinations of the IAS court in finding that service was effected...

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