GREEN TREE SERVICING, LLC v. FRANTZESKAKIS

2019-02308. Index No. 8362/10.

200 A.D.3d 654 (2021)

154 N.Y.S.3d 864

2021 NY Slip Op 06675

Green Tree Servicing, LLC, Appellant, v. George Frantzeskakis, Respondent, et al., Defendants.

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

Decided December 1, 2021.


Attorney(s) appearing for the Case

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY ( Adam Wynn and Gregg L. Verrilli of counsel), for appellant.

Warshaw Burnstein, LLP, New York, NY ( Pankaj Malik of counsel), for respondent.

Austin, J.P., Hinds-Radix, Duffy and Connolly, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the defendant George Frantzeskakis which was, in effect, pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction is denied.

"A process server's affidavit of service gives rise to a presumption of proper service" (Deutsche Bank Natl. Trust Co. v O'King, 148 A.D.3d 776,...

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