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Peter SCHORR, et al., Plaintiffs-Respondents, v. Fores PERSAUD, Defendant-Appellant.
Order, Supreme Court, New York County (Edward H. Lehner, J.), entered September 13, 2007, which, to the extent appealed from, denied defendant's motion to dismiss the complaint for lack of personal jurisdiction, unanimously affirmed, without costs.
Plaintiffs satisfied their burden of establishing personal jurisdiction over defendant by service pursuant to CPLR 308(2). The process server testified at the traverse hearing that he delivered the summons with notice to a security guard at defendant's place of business who agreed to accept the documents for defendant (see Cowan, Liebowitz & Latman v. New York Turkey Corp., 111 A.D.2d 93, 489 N.Y.S.2d 226 [1985] ), and also mailed a copy to the place of employment. On this record, there is no basis for disturbing the court's findings as to the process server's credibility (see Kardanis v. Velis, 90 A.D.2d 727, 455 N.Y.S.2d 612 [1982] ).
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Decided: May 15, 2008
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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