ROSEMARK CONTRACTORS, INC. v. NESS

2016-00229, Index No. 509257/14.

149 A.D.3d 1115 (2017)

2017 NY Slip Op 03206

53 N.Y.S.3d 188

ROSEMARK CONTRACTORS, INC., Respondent, v. LESLIE H. NESS et al., Appellants, et al., Defendant.

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

Decided April 26, 2017.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a hearing to determine whether the defendants Leslie H. Ness and Joyce Ness were served with copies of the summons and amended complaint pursuant to CPLR 308 (1), and thereafter, a new determination of their motion.

"A process server's affidavit of service ordinarily constitutes prima facie evidence of proper service...

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