BANK OF AM., N.A. v. BUDHAN

9090, 380815/08.

171 A.D.3d 622 (2019)

99 N.Y.S.3d 264

2019 NY Slip Op 03139

Bank of America, N.A., Respondent, v. Dhanraj Budhan, Appellant, et al., Defendants.

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

Decided April 25, 2019.


The affidavit of service was prima facie evidence of proper service, and defendant's conclusory denials were insufficient to rebut that presumption. Four attempts to serve defendant at the subject premises at diverse times, including early in the morning and later at night, were sufficient to establish due diligence under CPLR 308 (4) (see Brown v Teicher, 188 A.D.2d 256 [1st Dept 1992]). Although the process server had no independent...

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