Service of process under CPLR 308(2) requires that the summons be delivered within the state to a person of suitable age and discretion at the defendant's "actual place of business, dwelling place or usual place of abode," along with a mailing of the summons to the defendant's last known residence or actual place of business. Personal jurisdiction is not acquired absent compliance with both the delivery and mailing requirements of the statute. Service is invalid if the service address is not the defendant's actual place of business, dwelling place, or usual place of abode. At a hearing to determine the validity of service, the burden of proving the existence of personal jurisdiction is on the party asserting it, and that party must sustain that burden by a preponderance of the credible evidence. Credibility determinations rendered by the Supreme Court as to the witnesses who have testified are entitled to great deference on appeal.
Rhoe v. Reid, NY Slip Op 04117 (2d Dep't July 9, 2025)
