Practice point: Because defendant failed to timely raise defenses based on service of
process and standing in an answer or pre-answer motion to dismiss,
those defenses are waived, pursuant to CPLR 3211[e].
Student note: In any event, the affidavit of service of the summons and complaint constitutes prima facie evidence of proper service, which
defendant failed to rebut with anything more than conclusory denials of
receipt.
Case: U.S. Bank N.A. v. Thomas, NY Slip Op 09241 (1st Dep't December 28, 2017)
Here is the decision.
