Summary
This Appellate Division decision reviews a trial court order denying a defendant's motion to vacate a default judgment and dismiss a complaint for lack of personal jurisdiction. The court determined that although the process server's affidavit established a presumption of proper service, the defendant's sworn affidavit containing specific factual allegations sufficiently rebutted that presumption, thereby requiring an evidentiary hearing. Accordingly, the order was reversed and remanded to the Supreme Court for a hearing on service of process and a subsequent redetermination of the defendant's pending motions.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in denying the defendant's motion to vacate the default judgment and dismiss the complaint for lack of personal jurisdiction without first holding a hearing on the service issue.
Holdings
- The order denying the motions is reversed; the matter is remanded for a hearing to determine whether the defendant was properly served, and thereafter for a new determination on the motions to vacate the judgment and dismiss for lack of personal jurisdiction.
Key quotations
“Ordinarily, a process server's affidavit of service gives rise to a presumption of proper service.”
“Bare and unsubstantiated denials of receipt of the summons and complaint are insufficient to rebut the presumption of service.”
“However, a sworn denial of service containing specific facts generally rebuts the presumption of proper service established by the affidavit of service and necessitates a hearing.”
Factual background
The plaintiff commenced an action in June 2018 to recover damages for fraudulent conveyance. The defendant did not appear, and a default judgment was entered on August 18, 2020. The defendant later moved to vacate that judgment and to dismiss the complaint for lack of personal jurisdiction, asserting improper service. The trial court denied both motions without holding a hearing.
Procedural history
The plaintiff filed suit in June 2018 for fraudulent conveyance. The defendant failed to appear, resulting in a default judgment on August 18, 2020. In March 2022 the defendant moved to vacate the judgment under CPLR 5015(a) and to dismiss for lack of personal jurisdiction under CPLR 3211(a)(8). The trial court denied the motions on May 10, 2022 without a hearing. The defendant appealed.
Remand instructions
Remand to the Supreme Court, Queens County for a hearing to determine whether the defendant was properly served with process, and thereafter for a new determination on the motions to vacate the judgment and to dismiss for lack of personal jurisdiction.