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FINKELSTEIN NEWMAN FERRARA LLP v. MANNING

1271.

67 A.D.3d 538 (2009)

889 N.Y.S.2d 147

2009 NY Slip Op 08470

FINKELSTEIN NEWMAN FERRARA LLP, Respondent, v. LEO MANNING, Appellant.

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

Decided November 17, 2009.

Defendant's sworn, nonconclusory denial of service sufficiently controverted the veracity or content of the affidavit of service to require a traverse hearing (NYCTL 1998-1 Trust & Bank of N.Y. v Rabinowitz, 7 A.D.3d 459, 460 [2004]). The affidavit of service established that the process server attempted to serve defendant at his place of residence on three separate occasions...

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