Ordinarily, a process server's affidavit establishes a prima facie case as to the method of service. and, therefore, gives rise to a presumption of proper service. Here, the affidavit of service demonstrates, prima facie, that the defendant was served with the summons and complaint pursuant to CPLR 308(4) by affixing a copy of the summons and complaint to the door of his actual dwelling place, and by mailing a copy of the summons and complaint to his last known residence. The defendant argues that he never resided at the address set forth in the affidavit of service. However, the record establishes that the defendant engaged in affirmative conduct which misled the plaintiff into serving process at an incorrect address. Therefore, the defendant is estopped from contending that the address set forth in the affidavit of service is not his dwelling place, pursuant to CPLR 308[2].
Hudson Val. Bank, N.A. v. Eagle Trading, NY Slip Op 04956 (2d Dep't August 17, 2022)
