Practice point: The Appellate Division affirmed the denial of the motion to dismiss the complaint for lack of personal jurisdiction, as plaintiff established that it re-served the
appellant during the pendency of the motion. Plaintiff's re-service
of the summons and complaint during the pendency of the motion effectively obviated the jurisdictional objection.
Student note: An affidavit of service constitutes prima facie
evidence of proper service of process, pursuant to CPLR 308(2).
Case: Bank of Am., N.A. v. Valentino, NY Slip Op 03116 (2d Dept. 2015)
Tomorrow's issue: A transfer of venue.
