At a hearing on the validity of service of process, the plaintiff bears the burden of proving personal jurisdiction by a preponderance of the evidence. In reviewing a determination made after a hearing, the Appellate Division's authority is as broad as that of the hearing court, and it may render the determination it finds warranted by the facts, taking into account that, in a close case, the hearing court had the advantage of seeing the witnesses.
Bohensky v. 1670 42nd St., LLC, NY Slip Op 02682 (2d Dep't May 15, 2024)
