Benjamin v. Avis Rent-A-Car Systems, Inc.

Full title: VERNON BENJAMIN, Respondent, v. AVIS RENT-A-CAR SYSTEMS, INC., Defendant…

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

Date published: Oct 20, 1994

208 A.D.2d 449 (N.Y. App. Div. 1994)

617 N.Y.S.2d 719

Opinion

October 20, 1994

Appeal from the Supreme Court, New York County (Edward Lehner, J.).

Not only was plaintiff's affidavit of service prima facie proof of proper service that defendant failed to rebut (Genway Corp. v Elgut, 177 A.D.2d 467), but defendant, having provided the Department of Motor Vehicles and the police at the scene of the accident with the address at which service was made, is estopped from asserting that such address was not his residence (Deas v Brunke, 199 A.D.2d 43).

Concur — Carro, J.P., Wallach, Kupferman, Ross and Williams, JJ.