A process server's affidavit of service establishes a prima facie case as to the method of service, and, therefore, gives rise to a presumption of proper service. Bare and unsubstantiated denials are insufficient to rebut the presumption of service, but a sworn denial of service containing specific facts necessitates an evidentiary hearing. Here, the defendant's claimed discrepancy between her hair color and the description of hair color in the affidavit of service was too minor and insufficiently substantiated to warrant a hearing.
Carver Fed. Sav. Bank v. Forde, NY Slip Op 01497 (2d Dep't March 22, 2023)
