Meagher v. ARA Service

Appellate Division of the Supreme Court of New York

Meagher v. ARA Service

242 A.D.2d 286, 660 N.Y.S.2d 739, 1997 N.Y. App. Div. LEXIS 8267

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 11, 1997

StatusPublished

Cited by2 cases

This text of 242 A.D.2d 286 (Meagher v. ARA Service) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Meagher v. ARA Service, 242 A.D.2d 286, 660 N.Y.S.2d 739, 1997 N.Y. App. Div. LEXIS 8267 (N.Y. Ct. App. 1997).

Pincite

Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Ingrassia, J.), dated April 10, 1996, which, after a hearing (Burrows, J.), dismissed the complaint insofar as asserted against the defendant Brian Minogue on the ground that he was not properly served with process.

Ordered that the judgment is affirmed, with costs.

It is the plaintiff who bears the ultimate burden of proving by a preponderance of the evidence that jurisdiction over a defendant was obtained (see, Wern v D’Alessandro, 219 AD2d 646). The record amply supports the hearing court’s determination that the plaintiff did not sustain his burden in this case. O’Brien, J. P., Sullivan, Goldstein and Luciano, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Ingrassia, J.), dated April 10, 1996, which, after a hearing (Burrows, J.), dismissed the complaint insofar as asserted against the defendant Brian Minogue on the ground that he was not properly served with process.

Ordered that the judgment is affirmed, with costs.

It is the plaintiff who bears the ultimate burden of proving by a preponderance of the evidence that jurisdiction over a defendant was obtained (see, Wern v D’Alessandro, 219 AD2d 646). The record amply supports the hearing court’s determination that the plaintiff did not sustain his burden in this case. O’Brien, J. P., Sullivan, Goldstein and Luciano, JJ., concur.

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Bluebook (online)

242 A.D.2d 286, 660 N.Y.S.2d 739, 1997 N.Y. App. Div. LEXIS 8267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meagher-v-ara-service-nyappdiv-1997.

Opinion

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