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TRANSCRIPT #17

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-Validity of CPLR 308(2) substituted service via deliver-and-mail.
-Methodical laying of foundation by plaintiff’s counsel for admitting twelve exhibits into evidence.
-Process server testified, based on Affidavit of Service, that he served defendant by deliver-and-mail at Amboy Street address. He previously attempted service at Saratoga Avenue address but was told by a tenant that defendant did not reside there.
-Defendant testified that he never resided at Amboy Street address and always resided at Saratoga Avenue address.
-Defendant, in support of his claim of lack of personal jurisdiction, introduced into evidence income tax returns, correspondence from tax authorities, bank statements, and other documentary evidence.
-Defendant testified that his brother, who had the same surname, resided at the Amboy Street address at the time of alleged service.
-Defendant introduced into evidence pleadings and Affidavit of Service from a previous case in the same court in which he was a named defendant, was served at the Saratoga Avenue address, and did not contest service of process in that case.

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