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TRANSCRIPT #15

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-Validity of CPLR 308(2) substituted (deliver-and-mail) service.
-Retired process server testified based solely on his Affidavit of Service and recollection of his pre-retirement business practices.
-Legal argument regarding admissibility of Affidavit of Service as past recollection recorded where process server is available and testifying at Traverse hearing.
-Cross-examination of process server on alleged history of “sewer service” and being past target of N.Y Attorney General investigation alleging he filed fraudulent Affidavits of Service in previous cases.
-Process server testified that he served female who identified herself by name and confirmed that defendant resided at the service address; followed up with mailing to defendant at same address.
-Defendant testified that no one fitting name or physical description provided by process server was ever a co-tenant or roommate at the service address.

-Process server (direct examination; cross-examination)
-Defendant (direct examination; cross-examination)