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EVERBANK v. KELLY

2018-01823, 2018-01824. Index No. 21683/13.

203 A.D.3d 138 (2022)

2022 NY Slip Op 00651

EVERBANK, Respondent, v. JAMES A. KELLY, Also Known as JAMES KELLY, et al., Defendants, and EDWARD J. BRESSLER, Also Known as EDWARD BRESSLER, Appellant.

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

Decided February 2, 2022.

Attorney(s) appearing for the Case

Christopher Thompson (McKinley Law, P.C., Rockville Centre [Shannon Cody McKinley], of counsel), for appellant.

Parker Ibrahim & Berg LLP, New York City (Scott W. Parker of counsel), for respondent.

CHRISTOPHER, WOOTEN and ZAYAS, JJ., concur.

OPINION OF THE COURT

This appeal presents a simple question that has not previously arisen: whether an affirmative misrepresentation by a relative of a defendant at a residential address that the address is proper, which is relied upon by a process server, may establish that service was valid, if evidence establishes that...

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