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COMMERCE BANK, N.A. v. EXECUTIVE SETTLEMENT SERVICES 1 LLC

1211N, 602275/081.

66 A.D.3d 526 (2009)

885 N.Y.S.2d 903

2009 NY Slip Op 7360

COMMERCE BANK, N.A., Respondent, v. EXECUTIVE SETTLEMENT SERVICES, 1 LLC, Formerly Known as EXECUTIVE SETTLEMENT Servicies, LLC, et al., Appellants.

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

Decided October 15, 2009.

The unsworn affirmation of attorney Kaplan, a party in this action, was insufficient as a matter of law to rebut the affidavit of personal service on him (see Matter of Nazarian v Monaco Imports, 255 A.D.2d 265 [1998]; see also LaRusso v Katz, 30 A.D.3d 240, 243 [2006]), or to explain ESS's claimed non-receipt of process delivered to the Secretary of State. In any event, any discrepancies...

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