It is well-settled that the court does not have personal jurisdiction over a defendant when a plaintiff fails to properly effectuate service of process. 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. Although bare and unsubstantiated denials are insufficient to rebut the presumption of service, a sworn denial of service containing specific facts generally rebuts the presumption of proper service established by the affidavit of service and necessitates a hearing. A minor discrepancy between the appearance of the person allegedly served and the description of the person served contained in the affidavit of service is generally insufficient to raise an issue of fact warranting a hearing. In addition, the discrepancies must be substantiated by something more than a claim by the parties allegedly served that the descriptions of their appearances were incorrect.
Here, the affidavits of service relied upon by the plaintiff constitute prima facie proof of proper service upon the defendants. The defendants dispute the process server's description of the individual served. Specifically, they contend that the individual's weight, skin color, and height were not described accurately in the affidavits of service. The alleged discrepancy as to weight was unsubstantiated. As to skin color, the affidavits of service refer to the individual's race rather than to the actual color of her skin. As the defendants did not refute the description of the individual's race as black, this aspect of the description is unchallenged. The alleged height discrepancy alone is too minor to necessitate a hearing, particularly under the circumstances of the service in this case, in which the process server spoke to the individual through a window.
Bank of N.Y. Mellon v. Blackwood, NY Slip Op 06780 (2d Dep't November 30, 2022)
