Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for a hearing to determine whether the appellant was properly served and for a new determination of the motion to vacate thereafter.
Where, as here, the appellant submitted a sworn denial that she was served with process pursuant to CPLR 308 (2), the affidavit of service was rebutted and the plaintiff was required to establish jurisdiction by a preponderance of the evidence at a hearing ( see Bankers Trust Co. of Cal. v. Tsoukas, 303 AD2d 343, 344; Bank of Am. Natl. Trust Sav. Assn. v. Herrick, 233 AD2d 351, 352; Frankel v. Schilling, 149 AD2d 657, 659). Actual notice of the lawsuit alone will not sustain the service or subject a person to the court's jurisdiction when there has not been compliance with the prescribed conditions of service ( see Bankers Trust Co. of Cal. v. Tsoukas, supra). Accordingly, the appellant was entitled to a hearing on this issue ( see Bankers Trust Co. of Cal. v. Tsoukas, supra). Thus, we remit the matter to the Supreme Court, Westchester County, for a hearing to determine whether the appellant was properly served and for a new determination of the motion to vacate thereafter.