The process server's affidavit established, prima facie, that the defendant was properly served, by three attempts at personal service, followed by "nail and mail" service, pursuant to CPLR 308[4]. In addition, in a stipulation to extend her time to answer, the defendant stated that she had been served with the summons and complaint, and that she would not assert improper service of process or lack of personal jurisdiction as defenses. There is no need for a traverse hearing.
Lynx Asset Servs., LLC v. Nestor, NY Slip Op 06170 (1st Dep't November 3, 2022)
