MILLER v. IRWIN

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.