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BENEFICIAL HOMEOWNER SERVICE CORPORATION v. GIRAULT

60 A.D.3d 984 (2009)

875 N.Y.S.2d 815

BENEFICIAL HOMEOWNER SERVICE CORPORATION, Respondent, v. POUCHER GIRAULT, Appellant, et al., Defendants.

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

Decided March 31, 2009.

Ordered that the order is affirmed, with costs.

The motion of the defendant Poucher Girault (hereinafter the defendant) to vacate the final judgment of foreclosure and sale was properly denied without a hearing. The affidavit of the process server constituted prima facie evidence of proper service pursuant to CPLR 308 (2) (see Hamlet on Olde Oyster Bay Homeowners Assn., Inc. v Ellner, 57 A.D.3d 732 [2008]; Wells Fargo...

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