RELIABLE ABSTRACT CO., LLC v. 45 JOHN LOFTS, LLC

653850/14, 4442NA, 4442N.

152 A.D.3d 429 (2017)

2017 NY Slip Op 05576

58 N.Y.S.3d 365

RELIABLE ABSTRACT CO., LLC, Respondent, v. 45 JOHN LOFTS, LLC, et al., Defendants, and CHAIM MILLER, Also Known as HARRY MILLER, Appellant.

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

Decided July 11, 2017.


Defendant failed to establish a lack of personal jurisdiction. He did not flatly deny that any person matching the description in the process server's affidavit of service was in his apartment on the day in question, and therefore he failed to overcome the presumption of proper service created by the affidavit (see NYCTL 1998-1 Trust & Bank of N.Y. v Rabinowitz, 7 A.D.3d 459 [1st Dept 2004]). The absence of the precise apartment...

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