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FRANCIS v. FRANCIS

48 A.D.3d 512 (2008)

852 N.Y.S.2d 259

VIOLA FRANCIS, Respondent, v. ALVA FRANCIS, Appellant.

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

Decided February 13, 2008.

Ordered that the order is affirmed, with costs.

The defendant claims, inter alia, that the Supreme Court lacked jurisdiction to enter the judgment of divorce because he was not properly served with the summons with notice. However, a process server's sworn affidavit of service ordinarily constitutes prima facie evidence of proper service (see Bankers Trust Co. of Cal. v Tsoukas, 303 A.D.2d 343 [2003]). Here, the process server...

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