Practice point: A defendant's conclusory and undocumented affidavit asserting that he had moved, when the defendant had not notified the post office of a change of address, is insufficient to rebut the presumption of proper service created by the process server's affidavit, even if that service was by nail and mail.
Case: Wells Fargo Bank, N.A. v. Kissi, NY Slip Op 00006 (1st Dep't January 3, 2017)
Here is the decision.
Tuesday's issue: Absolute liability under the Labor Law.
