Summary
In Fairmount Funding and similar cases, the process server could have done a proper "nail and mail" yet the wind or a passerby could have knocked the papers off the door and the mailing could have been refused or thrown away.
Summary of this case from 650 Fifth Ave. Co. v. Travers Jewelers Corp.Opinion
January 7, 1997.
Order, Supreme Court, New York County (Ira Gammerman, J.), entered March 5, 1996, which denied defendants-appellants' motion to vacate the default judgment entered against them for lack of jurisdiction, unanimously affirmed, without costs.
Before: Ellerin, J. P., Wallach, Williams, Tom and Andrias, JJ.
The motion was properly denied since the process server's affidavits, which indicate that appellants were each served in accordance with CPLR 308 (4), constituted prima facie evidence of proper service, and appellants' bald assertion that they never received process was insufficient to dispute the veracity or content of the affidavits ( Manhattan Sau. Bank v Kohen, 231 AD2d 499). We have considered defendants-appellants' remaining contention and find it to be meritless.