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VOULKOUDIS v. FRANTZESKAKIS

154460/15-11695A. 11695. 11694.

184 A.D.3d 516 (2020)

126 N.Y.S.3d 457

2020 NY Slip Op 03597

Nick Voulkoudis, Respondent, v. George Frantzeskakis et al., Appellants.

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

Decided June 25, 2020.

Plaintiff met his burden of demonstrating proper service of process on Mr. Frantzeskakis by a preponderance of the evidence (see e.g. Citibank, N.A. v K.L.P. Sportswear, Inc., 144 A.D.3d 475, 476 [1st Dept 2016]). We find no basis for disturbing the traverse court's findings of fact, which in large part turned on witness credibility (see e.g. Holtzer v Stepper, 268 A.D.2d 372 [1st Dept 2000...

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