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U.S. BANK N.A. v. OLATUNJI

Index No. 35425/15E. Appeal Nos. 12515N & M-03679. Case No. 2020-00972.

189 A.D.3d 494 (2020)

137 N.Y.S.3d 334

2020 NY Slip Op 07327

U.S. Bank National Association, Respondent, v. Abuovbo Olatunji, Appellant, et al., Defendants.

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

Decided December 8, 2020.

Attorney(s) appearing for the Case

Joseph A. Altman, P.C., Bronx ( Joseph A. Altman of counsel), for appellant.

David A. Gallo & Associates, Manhasset ( Robert M. Link of counsel), for respondent.

Concur—Gische, J.P., Webber, Oing, Mendez, JJ.

The Special Referee's conclusion that plaintiff met its burden of proving proper service pursuant to CPLR 308(2) was supported by the record (see CitiMortgage Inc. v Scott, 157 A.D.3d 507 [1st Dept 2018]). The Referee found the process server's testimony, supported by her logbook and GPS photographs of the house, to be credible, and in contrast, defendant's testimony contained unexplained...

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