A court lacks personal jurisdiction over a defendant who is not properly served with process. Service upon a natural person must be made in strict compliance with CPLR 308. A process server's affidavit constitutes prima facie evidence of proper service. A mere conclusory denial of service is insufficient to rebut the presumption of proper service arising from the process server's affidavit. To warrant a hearing to determine the validity of service of process, the denial of service must be substantiated by specific, detailed facts that contradict the affidavit.
Here, the process server's affidavit constituted prima facie evidence that the defendant was properly served pursuant to CPLR 308(2). The defendant failed to rebut the presumption of proper service. The defendant's sworn statement submitted in support of his motion contained only conclusory averments that he was not served with process on the date of service and that he lives alone, and was not otherwise substantiated by specific facts. Furthermore, the additional sworn submissions improperly submitted by the defendant for the first time in reply should not have been considered by the Supreme Court and, thus, were insufficient to rebut the prima facie showing of proper service.
The Supreme Court should have denied that branch of the defendant's motion which was pursuant to CPLR 3211(a)(8) to dismiss the complaint for lack of personal jurisdiction, without conducting a hearing to determine the validity of process.
Accesslex Inst. v. Lee, NY Slip Op 04165 (2d Dep't July 1, 2026)
