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WELLS FARGO BANK, N.A. v. GORE

6789, 6788.

162 A.D.3d 437 (2018)

74 N.Y.S.3d 748

2018 NY Slip Op 04079

Wells Fargo Bank, N.A., Appellant, v. Jose McSwene Gore, Respondent, et al., Defendants.

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

Decided June 7, 2018.

Plaintiff failed to sustain its burden of demonstrating, by a preponderance of the evidence, that service of process was effective as to defendant (see generally Gass v Gass, 42 A.D.3d 393 [1st Dept 2007]). Any presumption of service raised by the process server's affidavit of service was overcome by defendant's testimony and documentary evidence, as reflected in the transcript for the traverse hearing, that he was out of the country...

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