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TRANSCRIPT #4

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-Validity of CPLR 308(2) substituted service.
-Process server’s testimony re: log book, GPS and Independent Server Record of Service
as business records required by NYC Department of Consumer Affairs for process
servers.
-Process server claims he delivered process to defendant’s father. Defendant testifies that
his father was out of the jurisdiction at the time of alleged service and no one else in
the home fit his father’s physical description.
-Admissibility of father’s Affidavit attesting to his absence from the jurisdiction at the
time of alleged service.
-Admissibility of photocopies of pages of defendant’s father’s passport indicating dates
of travel between defendant’s home and India.
-Court’s observations re demeanor and veracity of process server, defendant, as
witnesses.

-Process server (direct examination; cross-examination)
-Defendant (direct examination; cross-examination)
-Extensive colloquy among judge and counsel re demeanor and veracity of witnesses.