April 2, 2018

Proper service.

A process server's affidavit constitutes prima facie evidence of proper service. To vacate a default judgment under CPLR 5015(a)(4), a defendant must overcome the presumption raised by the affidavit. A sworn denial of receipt of service containing detailed and specific contradiction of the allegations in the process server's affidavit may be sufficient to defeat the presumption of proper service.

HSBC Bank USA v. Whitter, NY Slip Op 02146 (2d Dep't March 28, 2018)

Here is the decision.