CPLR § 308 (2)

CPLR § 308 Personal service upon a natural person

Beneficial Homeowner Serv. Corp. v Girault, 2009 NY Slip Op 02552 (App. Div., 2nd, 2009)

The motion of the defendant Poucher Girault (hereinafter the
defendant) to vacate the final judgment of foreclosure and sale was
properly denied without a hearing. The affidavit of the process server
constituted prima facie evidence of proper service pursuant to CPLR
308(2) (see Hamlet on Olde Oyster Bay Homeowners Assn., Inc. v Ellner, 57 AD3d 732; Wells Fargo Bank, N.A. v McGloster, 48 AD3d 457; Bankers Trust Co. of Cal. v Tsoukas, 303
AD2d 343, 343-344), and the defendant's bare and unsubstantiated denial
of receipt was insufficient to rebut the presumption of proper service
created by the affidavit of service (see 425 E. 26th St. Owners Corp. v Beaton, 50 AD3d 845, 846; Rosario v Beverly Rd. Realty Co., 38 AD3d 875; Chemical Bank v Darnley, 300 AD2d 613; Simmons First Natl. Bank v Mandracchia, 248
AD2d 375). "A court need not conduct a hearing to determine the
validity of the service of process where the defendant fails to raise
an issue of fact regarding service" (Hamlet on Olde Oyster Bay Homeowners Assn., Inc. v Ellner, 57 AD3d at 733).

Furthermore, the defendant failed to establish that he was
entitled to vacatur of the final judgment of foreclosure and sale
pursuant to CPLR 317 as the record is devoid of any evidence tending to
show a meritorious defense (see Green Point Sav. Bank v 794 Utica Ave. Realty Corp., [*2]242 AD2d 602, 602-603; Halali v Gabbay, 223 AD2d 623, 623-624).

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