Summary
This Appellate Division, Fourth Department opinion addresses an appeal from an order denying a defendant's motion to vacate a default judgment based on alleged improper service of process. The court held that the plaintiff met its burden of proving proper service under CPLR 308(2) following a traverse hearing where the trial court assessed witness credibility. The appellate court affirmed the lower court's decision, noting that the defendant failed to preserve her hearsay objection regarding the affidavit of service.
Topics
Practice areas
Questions Presented
- Whether service of process on the defendant satisfied CPLR 308(2) and thus established personal jurisdiction.
- Whether the affidavit of service was properly admitted under the business records exception to the hearsay rule.
Holdings
- The court affirmed that plaintiff met its burden by a preponderance of the evidence that service was proper and personal jurisdiction was obtained.
- The court found no error in admitting the affidavit of service under the business records exception.
Key quotations
“'Ordinarily, the affidavit of a process server constitutes prima facie evidence that the defendant was validly served'” (1194)
Factual background
Plaintiff sought damages for breach of a guaranty of payment for a line of credit. Defendant moved to vacate the default judgment, arguing lack of personal jurisdiction because service of process was improper.
Procedural history
The Supreme Court, Erie County entered a default judgment against defendant and denied her motion to vacate it on the ground of lack of personal jurisdiction. The defendant appealed the order.