Ordinarily, a process server's affidavit constitutes prima facie evidence that the defendant was validly served. Bare and unsubstantiated denials of receipt of the summons and complaint are insufficient to rebut the presumption of proper service. However, a sworn denial of service containing specific facts generally rebuts the presumption of proper service established by the process server's affidavit, and necessitates an evidentiary hearing.
Aikens v. Kouchnerova, NY Slip Op 03218 (2d Dep't June 14, 2023)
