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RICHARDS v. SECURITY RESOURCES

Index No. 101659/2018. Appeal No. 11950. Case No. 2019-5457.

187 A.D.3d 452 (2020)

133 N.Y.S.3d 12

2020 NY Slip Op 05472

Alroy Richards, Appellant, v. Security Resources, Respondent, et al., Defendant.

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

Decided October 6, 2020.

Defendant Security Resources (defendant) timely moved to dismiss the complaint (see CPLR 3012[a]; 3211[e]). Plaintiff's denial of receipt of service is insufficient to rebut the presumption of proper service created by the affidavit of service (Ocwen Loan Servicing, LLC v Ali, 180 A.D.3d 591 [1st Dept 2020]).

On a motion to dismiss pursuant to CPLR 3211(a)(7), the court must "determine only whether the facts as alleged fit within any cognizable legal...

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