Service pursuant to CPLR 308(4) may be effected by affixing the summons to the door of either the actual place of business, dwelling place, or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his last known residence or by mailing the summons by first class mail to the person to be served at his actual place of business. Ordinarily, a process server's affidavit of service constitutes prima facie evidence that the defendant was validly served. However, when the defendant submits a sworn denial of receipt of service containing specific facts to refute the statements in the affidavit, the prima facie showing is rebutted and the plaintiff must establish personal jurisdiction by a preponderance of the evidence at a hearing.
Aurora Loan Servs., LLC v. Simon, NY Slip Op 02485 (2d Dep't May 10, 2023)
