Opinion
August 24, 1981
In a medical malpractice action, defendant Joseph Lombard appeals from an order of the Supreme Court, Kings County (Monteleone, J.), dated July 9, 1980, which, after a traverse hearing, denied his motion to dismiss the complaint on the grounds of lack of personal jurisdiction and Statute of Limitations. Order affirmed, with costs. Where a process server dies subsequent to a contested service of process and prior to a traverse hearing, his affidavit of service, if it is not conclusory and devoid of sufficient detail (see Jones v. King, 24 A.D.2d 430), shall be admitted in evidence as a prima facie proof of service (see Townsend, Rabinowitz, Pantaleoni Schad v Houssein, NYLJ, July 10, 1980, p 6, col 2; Denning v. Lettenty, 48 Misc.2d 185). On the facts presented, plaintiffs met their burden of proving personal jurisdiction over defendant Lombard (cf. Empire Nat. Bank v. Judal Constr. of N.Y., 61 A.D.2d 789; Slotnick v. Campanile, 47 A.D.2d 536, affd 38 N.Y.2d 986). Gulotta, J.P., Cohalan, O'Connor and Thompson, JJ., concur.