Practice point: The affidavit of plaintiff's process server constitutes prima facie evidence of valid service of the summons and complaint, pursuant to CPLR 308(1).
Students should note that defendant's bare and unsubstantiated denial of service is insufficient to rebut the presumption of proper service.
Citimortgage, Inc. v. Phillips , NY Dept. 2011
Tomorrow's issue is tortious interference with a contract.
