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CHAUDRY CONSTRUCTION CORP., Respondent, v. JAMES G. KALPAKIS ASSOCIATES, Appellant.

Even assuming the affirmations of service by plaintiff's counsel sufficiently raised a presumption of proper mailing, defendant rebutted that presumption by showing they were mailed to an incorrect address ( see Matter of Holland v New York City, 271 AD2d 609, 610), necessitating a traverse hearing ( see Northern v Hernandez, 17 AD3d 285). Furthermore, defendant's submissions offered factual support for a meritorious defense ( see Mandell v Stein, 183 AD2d 488).

At the traverse hearing, plaintiff failed to carry its burden of establishing proper service. Under such circumstances, the court erred in shifting that burden to defendant to disprove service.

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CHAUDRY CONST. v. KALPAKIS
(Mar 24, 2009)