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PERLBINDER HOLDINGS LLC v. PATEL

Index No. 655236/19. Appeal No. 15326. Case No. 2020-04287.

202 A.D.3d 578 (2022)

159 N.Y.S.3d 675

2022 NY Slip Op 01106

Perlbinder Holdings LLC, Respondent, v. Himansu H. Patel et al., Appellants.

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

Decided February 17, 2022.

Attorney(s) appearing for the Case

Michael R. Curran , Flushing, for appellants.

Kaufman Friedman Plotnicki & Grun, LLP, New York ( Howard Grun of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Mazzarelli, Friedman, Mendez, JJ.

The affidavits of service constituted prima facie evidence of proper service, and defendants' submissions in opposition were insufficient to rebut the presumption of proper service created thereby (see generally Ocwen Loan Servicing, LLC v Ali, 180 A.D.3d 591 [1st Dept 2020], lv dismissed 36 N.Y.3d 1046 [2021]). Because defendant Akash H. Patel (s/h/a Akashi H. Patel) failed to notify the Department of Motor Vehicles of his change of address, as required by...

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