Affidavit of Service Is Primary Proof

The Second Department held, in National Heritage Life Insurance Co. v. T.J. Properties Co., 286 AD2d 715 [2d Dept. 2001], that the affidavit of service of a process server constitutes prima facie evidence of valid service. An affidavit of service by a process server which specifies the papers served, the person who was served, and the date, time, address and sets forth facts showing that service was made by an authorized person, and in an authorized manner, constitute prima facie evidence of proper service. See, Maldonado v. County of Suffolk, 229 AD2d 376 [2 Dept. 1996].

The bare denial of service is insufficient to rebut prima facie proof of proper service pursuant to CPLR 308 created by a process server’s affidavit. Wunsch v. Cerwinski, 36 AD3d 612 [2 Dept. 2007].

by Richard A. Klass

copyr. 2012 Richard A. Klass, Esq.
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