Practice point: It is the
plaintiff's burden to prove, by a preponderance of the evidence, that
jurisdiction over the defendant was obtained by proper service of
process. A process server's affidavit ordinarily constitutes a prima facie showing of proper service.
Student note: Where the defendant submits a sworn denial which
specifically refutes the process server's affidavit, the prima facie
showing is rebutted and the plaintiff must establish jurisdiction, by a preponderance of the evidence, at a hearing.
Case: Aurora Loan Servs., LLC v. Gaines, NY Slip Op 02034 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Curing a defective complaint.
