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NYCTL 1998-1 TRUST AND THE BANK OF NEW YORK v. RABINOWITZ

7 A.D.3d 459 (2004)

777 N.Y.S.2d 483

NYCTL 1998-1 TRUST AND THE BANK OF NEW YORK, as Collateral Agent and Custodian, Respondent, v. JACOB RABINOWITZ, Appellant, ET AL., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 27, 2004.

While a proper affidavit of a process server attesting to personal delivery upon a defendant constitutes prima facie evidence of proper service, a sworn nonconclusory denial of service by a defendant is sufficient to dispute the veracity or content of the affidavit, requiring a traverse hearing (see Omansky v Gurland, 4 A.D.3d 104, 108 [2004]; Haberman v Simon, 303 A.D.2d 181 [2003];

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