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ROSENBAUM v. ROSENBAUM

121987/00, 2388, 2387.

145 A.D.3d 460 (2016)

2016 NY Slip Op 08168

43 N.Y.S.3d 36

LEONARD ROSENBAUM, Respondent, v. JOSEPH ROSENBAUM, Appellant.

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

Decided December 6, 2016.

Plaintiff has the burden of demonstrating by a preponderance of the credible evidence that service was properly made on defendant pursuant to CPLR 308 (2) (see Navarro v Singh, 110 A.D.3d 497, 498 [1st Dept 2013]).

The court properly concluded that defendant was served with the complaint based on the attorney's testimony that he personally went to defendant's residence and handed defendant the summons and complaint, after...

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