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THOMAS v. KAREN'S BODY BEAUTIFUL LLC

8116N. 650779/16.

168 A.D.3d 500 (2019)

91 N.Y.S.3d 86

2019 NY Slip Op 00241

James W. Thomas II, Respondent, v. Karen's Body Beautiful LLC et al., Appellants.

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

Decided January 15, 2019.

Because defendants do not dispute that the process server's affidavits constituted prima facie evidence of proper service, our review is limited to whether the affidavits submitted by defendants on their motion to vacate were sufficient to raise a triable issue of fact as to service, warranting a traverse hearing. We find that the motion court correctly determined that the affidavits constituted mere conclusory denials, which were...

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