The court does not have personal jurisdiction over a defendant when the plaintiff fails to properly serve process, and any subsequent proceedings are null and void. A process server's affidavit of service establishes a prima facie case as to the method of service, and gives rise to a presumption of proper service. In order to vacate a default judgment under CPLR 5015(a)(4), the defendant must overcome the presumption raised by the process server's affidavit. 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.
Here, the defendant offered no specific facts or documentary or other evidence demonstrating that he did not reside at the address where service was effected. Therefore, his affidavit was insufficient to rebut the presumption of proper service established by the affidavit of service.
Deutsche Natl. Bank Trust Co. v. Williams, NY Slip Op 01982 (2d Dep't April 19, 2023)
