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JPMORGAN CHASE BANK, N.A. v. CASTRO

380668/12.

182 A.D.3d 425 (2020)

119 N.Y.S.3d 850

2020 NY Slip Op 02178

JPMorgan Chase Bank, N.A., Appellant, v. Daisy Castro, Respondent, et al., Defendants.

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

Decided April 2, 2020.

Plaintiff failed to sustain its burden of demonstrating by a preponderance of the evidence that defendant was properly served with process (see Wells Fargo Bank, N.A. v Gore, 162 A.D.3d 437 [1st Dept 2018]). Any presumption of proper service raised by the process server's affidavit was overcome by defendant's testimony and documentary evidence and that of her former spouse, who was purportedly served as a substitute for defendant...

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