Opinion
December 16, 1997
Appeal from the Supreme Court, New York County (Norman Ryp, J.).
Defendant's affidavit that he did not open the door to his home for a man who knocked on the door and said he had "some papers" but neither identified himself nor the papers he had, and that after the man left plaintiff found the summons and complaint on his doorstep, is sufficient to rebut the process server's affidavit that he personally delivered the summons and complaint to defendant, and raises an issues of fact as to jurisdiction ( see, Cooper v. Drobenko Bros. Realty, 200 A.D.2d 415; Coyne v. Besser, 154 A.D.2d 503, lv denied 75 N.Y.2d 711). However, if service is found to have been proper, plaintiff would be entitled to summary judgment, since the guarantee in issue specifically prohibits assertion of any defenses to the underlying note ( see, National Union Fire Ins. Co. v. Allen, 232 A.D.2d 80, 88-89).
Concur — Wallach, J.P., Rubin, Williams, Tom and Andrias, JJ.