General

Brunilda Tirado, Respondent, v. City of New York, Defendant, and Roy Lewis, Appellant

200 A.D.2d 383608 N.Y.S.2d 80·New York Supreme Court, Appellate Division·1994·NY

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Opinion

Brunilda Tirado, Respondent, v City of New York, Defendant, and Roy Lewis, Appellant. [608 NYS2d 80] [MAJORITY] —Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered February 2, 1993, which after a traverse hearing, granted plaintiffs motion for entry of a default judgment against defendant Roy Lewis and directed an assessment of damages, unanimously affirmed, with costs. Plaintiff met her burden of demonstrating by a fair preponderance of the evidence that defendant Roy Lewis had been properly served with the summons and complaint (see, Blue Spot v Superior Mdse. Elecs. Co., 150 AD2d 175, 176-177). The court was clearly warranted in concluding that the testimony of the process server was credible while that of defendant’s wife was not. Concur — Sullivan, J. P., Carro, Rosenberger and Wallach, JJ.