April 13, 2018

Establishing proper service.

While an executed affidavit of service attesting to personal delivery upon a defendant is prima facie evidence of proper service, a sworn nonconclusory denial of service by a defendant is sufficient to dispute the veracity or content of the affidavit, requiring a traverse hearing.

Bank of Am., N.A. v Diaz, NY Slip Op 02421 (1st Dep't April 10, 2018)

Here is the decision.