Practice point: An affidavit of service constitutes prima facie evidence of proper service.
Students should note, while the sworn denial of receipt generally necessitates an evidentiary hearing, no hearing is required if defendant's affidavit is nothing more than a bare and conclusory denial.
Case: Associates First Capital Corp. v. Wiggins, NY Slip Op 06225 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Assumption of the risk.
