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Ross v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Jun 23, 2005
19 A.D.3d 261 (N.Y. App. Div. 2005)

Opinion

6432.

June 23, 2005.

Order, Supreme Court, New York County (Louis B. York, J.), entered on or about December 10, 2003, which confirmed the Special Referee's report finding that the court had jurisdiction to enter the subject default judgment against defendant, unanimously affirmed, without costs.

The Law Firm of Harry Issler, PLLC, New York (Harry Issler of counsel), for appellant.

Garson Gerspach DeCorato Cohen, LLP, New York (Lauren J. Daniels of counsel), for respondent.

Before: Buckley, P.J., Tom, Andrias, Sullivan and Sweeny, JJ.


The Special Referee's finding, essentially one of credibility, that plaintiff's process server personally delivered the summons and complaint to defendant on November 2, 1989 has substantial support in the record and was properly confirmed ( see European Am. Bank Trust Co. v. H. Frenkel, Ltd., 163 AD2d 154).


Summaries of

Ross v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Jun 23, 2005
19 A.D.3d 261 (N.Y. App. Div. 2005)
Case details for

Ross v. Garcia

Case Details

Full title:DAVID ROSS, Respondent, v. PAUL GARCIA, Appellant

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

Date published: Jun 23, 2005

Citations

19 A.D.3d 261 (N.Y. App. Div. 2005)
796 N.Y.S.2d 916

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