Tirado v. City of New York

Full title: BRUNILDA TIRADO, Respondent, v. CITY OF NEW YORK, Defendant, and ROY…

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

Date published: Jan 6, 1994

200 A.D.2d 383 (N.Y. App. Div. 1994)

608 N.Y.S.2d 80

Opinion

January 6, 1994

Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).

Plaintiff met her burden of demonstrating by a fair preponderance of the evidence that defendant Roy Lewis had been properly served with the summons and complaint (see, Blue Spot v Superior Mdse. Elecs. Co., 150 A.D.2d 175, 176-177). The court was clearly warranted in concluding that the testimony of the process server was credible while that of defendant's wife was not.

Concur — Sullivan, J.P., Carro, Rosenberger and Wallach, JJ.