February 28, 2023

Service of process and personal jurisdiction.

Supreme Court providently determined that the summons and complaint had been properly served on defendants, and, therefore, the court had personal jurisdiction over them. The affidavits of plaintiff's process servers constituted prima facie proof of proper service on the individual defendants, pursuant to CPLR 308[2]. Defendants' conclusory denials of receipt were insufficient to raise an issue of fact, warranting a traverse hearing. 

Franpo Realty, LLC v. Power Furniture Inc., NY Slip Op 01050 (February 23, 2023)

Here is the decision.