STATON v. OMWUKEME


277 A.D.2d 443 (2000)

715 N.Y.S.2d 908

LATEA STATON, Appellant, v. GABRIEL OMWUKEME, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 27, 2000.


Ordered that the order is affirmed, with costs.

The plaintiff claims that at a hearing to determine the validity of service, the Supreme Court improperly rejected the process server's corrected affidavit in favor of the defendant's uncorroborated testimony that he and his wife did not reside at the address where service was effected.

At a hearing to determine the validity of service of process, the plaintiff has the burden of proving by a preponderance of...

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