DE LA CRUZ BERAS v. ALAN RENA REALTY CORP.

Index No. 22978/19. Appeal No. 12832. Case No. 2020-03724.

190 A.D.3d 478 (2021)

135 N.Y.S.3d 653

2021 NY Slip Op 00111

Joanne De La Cruz Beras, Appellant, v. Alan Rena Realty Corp., Respondent.

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

Decided January 12, 2021.


Attorney(s) appearing for the Case

Sullivan & Brill, LLP, New York ( James Healy of counsel), for appellant.

Boeggeman, Corde, Ondrovic & Hurley, P.C., White Plains ( Daniel E. O'Neill of counsel), for respondent.

Concur—Renwick, J.P., Kern, Mazzarelli, Kennedy, Shulman, JJ.


According to the process server's affidavit, he went to the listed corporate address and left the summons and complaint with an individual who represented that he was the managing agent and authorized to accept service on defendant's behalf. Under these circumstances, the process server reasonably believed that the individual was authorized to receive service. Therefore, plaintiff made out a prima facie case of proper service (see Arvanitis v Bankers Trust Co.,

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