Miller v. Irwin

Full title: BARBARA MILLER, Respondent, v. JACK IRWIN, Appellant

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

Date published: Mar 29, 1994

202 A.D.2d 344 (N.Y. App. Div. 1994)

610 N.Y.S.2d 780

Opinion

March 29, 1994

Appeal from the Supreme Court, Bronx County (Alan Saks, J.).

The testimony of plaintiff's attorney that he personally reserved the summons and complaint at a deposition satisfied plaintiff's burden of establishing proper service by a preponderance of the credible evidence (see, Powell v. Powell, 114 A.D.2d 443). We find no reason to disturb the IAS Court's findings crediting the testimony of plaintiff's attorney and discrediting the contrary testimony of defendant.

Concur — Murphy, P.J., Sullivan, Carro, Rosenberger and Asch, JJ.