Tirado v. City of New York

Appellate Division of the Supreme Court of New York

Tirado v. City of New York

200 A.D.2d 383, 608 N.Y.S.2d 80

Appellate Division of the Supreme Court of the State of New York·Decided January 6, 1994·Published·Cited by 5 cases

Opinion

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered February 2, 1993, which after a traverse hearing, granted plaintiffs motion for entry of a default judgment against defendant Roy Lewis and directed an assessment of damages, unanimously affirmed, with costs.

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 AD2d 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.

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—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered February 2, 1993, which after a traverse hearing, granted plaintiffs motion for entry of a default judgment against defendant Roy Lewis and directed an assessment of damages, unanimously affirmed, with costs.

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 AD2d 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.

Tirado v. City of New York, 200 A.D.2d 383, 608 N.Y.S.2d 80 (N.Y. Ct. App. 1994).

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Opinion

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