Practice point: The process server's affidavit of service constitutes prima facie evidence of proper service, pursuant to CPLR 308(2).
Students should note that plaintiff's evidence that a copy of the summons and complaint was mailed to defendant's correct residence address creates a presumption of proper mailing and of receipt.
Case: C&H Import & Export, Inc. v. MNA Global, Inc., NY Slip Op 09205 (2d Dept. 2010)
Here is the decision.
Monday's issue: Motion practice.
