Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

EYAL ZABARI, plf-res, v. DORON ZABARI, def-ap

4854. EYAL ZABARI, plf-res, v. DORON ZABARI, def-ap — Warshaw Burstein, LLP, New York (Bruce H. Wiener of counsel), for ap — Callagy Law, PC, New York (Michael J. Smikun of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about July 22, 2016, which granted plaintiff's motion to confirm the report of a special referee, made after a traverse hearing, concluding that service was properly made, and denied defendant's cross motion to reject the report and dismiss the complaint for lack of personal jurisdiction, unanimously affirmed, with costs.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

4854. EYAL ZABARI, plf-res, v. DORON ZABARI, def-ap — Warshaw Burstein, LLP, New York (Bruce H. Wiener of counsel), for ap — Callagy Law, PC, New York (Michael J. Smikun of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about July 22, 2016, which granted plaintiff’s motion to confirm the report of a special referee, made after a traverse hearing, concluding that service was properly made, and denied defendant’s cross motion to reject the report and dismiss the complaint for lack of personal jurisdiction, unanimously affirmed, with costs.

The special referee’s conclusion that plaintiff met his burden of proving proper service pursuant to CPLR 308(2) (see Persaud v. Teaneck Nursing Ctr., 290 AD2d 350, 351 [1st Dept 2002]) was “substantially supported by the record” (Poster v. Poster, 4 AD3d 145, 145 [1st Dept 2004], lv denied 3 NY3d 605 [2004]). Plaintiff’s proof consisted of the process server’s affidavit and testimony, as well as videos of him making service and testimony of the videographer. The referee found the witnesses’ testimony to be credible, and defendant, who offered no evidence in opposition, shows no basis for rejecting the credibility determinations, made after the referee had “an opportunity to see and hear the witnesses and to observe their demeanor” (id.).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›
Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
Go to Lawjobs