Quinones v. Z & B Trucking, Inc.

1 Citing case

  1. HSBC Bank U.S. v. Sanderson

    2024 N.Y. Slip Op. 5331 (N.Y. App. Div. 2024)

    Since Sanderson failed to rebut the presumption of proper service created by the affidavit of service alleging that she was served with process on November 5, 2007, it is unnecessary to address her contentions that she was not properly served on April 12, 2008, by service on "JOY ROBERTS-FAMILY MEMBER, a person of suitable age and discretion," and that, in any event, dismissal of the complaint pursuant to CPLR 306-b was warranted because the alleged service on April 12, 2008, was made more than 120 days after commencement of the action (see Quinones v Z & B Trucking, Inc., 220 A.D.3d 903, 903).