| Wisselman, Harounian & Assoc., P.C. v Dowlah |
| 2014 NY Slip Op 03507 [117 AD3d 822] |
| May 14, 2014 |
| Appellate Division, Second Department |
[*1]
| Wisselman, Harounian and Associates, P.C.,Respondent, v Caf Dowlah, Appellant. |
Caf Dowlah, Forest Hills, N.Y., appellant pro se.
Wisselman, Harounian and Associates, P.C., Great Neck, N.Y. (Randall K. Maloneof counsel), respondent pro se.
In an action to recover damages for breach of contract, the defendant appeals, aslimited by his brief, from so much of an order of the Supreme Court, Nassau County(Jaeger, J.), dated July 17, 2013, as, in effect, upon reargument, adhered to a priordetermination of the same court dated May 7, 2013, in effect, denying that branch of hismotion which was to dismiss the complaint for lack of personal jurisdiction.
Ordered that the order dated July 17, 2013, is affirmed insofar as appealed from, withcosts.
The Supreme Court, in effect, upon reargument, properly adhered to its originaldetermination, in effect, denying that branch of the defendant's motion which was todismiss the complaint for lack of personal jurisdiction based upon the defendant's failureto rebut the presumption of proper service created by the process server's affidavit (see Wachovia Bank, N.A. vCarcano, 106 AD3d 726 [2013]; Matter of Davis v Davis, 84 AD3d 1080 [2011];Bankers Trust Co. of Cal. v Tsoukas, 303 AD2d 343, 344 [2003]). Rivera, J.P.,Dickerson, Chambers, Hinds-Radix and Maltese, JJ., concur.