A “CONCLUSORY AND UNSUBSTANTIATED” AFFIDAVIT DENYING DEFENDANT RESIDED AT THE ADDRESS WHERE SERVICE WAS MADE WAS NOT SUFFICIENT TO REBUT THE PRESUMPTION OF PROPER SERVICE (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the defendant’s affidavit denying she resided at the address where service was made was insufficient to rebut the presumption of proper service:

“‘Ordinarily, a process server’s affidavit of service constitutes prima facie evidence of proper service and, therefore, gives rise to a presumption of proper service. Where, however, there is a sworn, nonconclusory denial of service by a defendant, the affidavit of service is rebutted and the plaintiff must establish jurisdiction by a preponderance of the evidence at a hearing'” … . “‘While bare and unsubstantiated denials are insufficient to rebut the presumption of service, a sworn denial containing a detailed and specific contradiction of the allegations in the process server’s affidavit will defeat the presumption of proper service'” … .

Here, a process server’s affidavit constituted prima facie evidence of proper service pursuant to CPLR 308(2) upon the defendant … . Contrary to the defendant’s contention, her affidavit denying that she resided at the address where service allegedly was effectuated was conclusory and unsubstantiated and, therefore, was insufficient to rebut the presumption of proper service … . Cole v Shorter, 2026 NY Slip Op 05273, Second Dept 9-16-26

Practice Point: Here a “conclusory and unsubstantiated” affidavit denying that defendant resided at the address where service was made was deemed insufficient to rebut the presumption of proper service.