Service of process upon a natural person must be made in strict compliance with the statutory methods of service set forth in CPLR 308. 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. Although a defendant's sworn denial of receipt of service generally rebuts the presumption of proper service established by a process server's affidavit and necessitates an evidentiary hearing, no hearing is required where the defendant fails to swear to specific facts to rebut the statements in the process server's affidavits. A mere conclusory denial of service is insufficient to rebut the presumption of proper service arising from the process server's affidavit. Minor discrepancies between the appearance of the person allegedly served and the description of the person served in the affidavit of service are insufficient to raise an issue of fact warranting a hearing.
Citimortgage, Inc. v. Cardali, NY Slip Op 04123 (2d Dep't August 7, 2024)
