VERILLE v. KOPIC

ORDERED that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for a hearing on the issue of whether proper service was effected.

Ordinarily a proper affidavit of a process server attesting to personal delivery of a summons to a party is sufficient to support a finding of jurisdiction. Where, as here, however, there is a sworn denial of service by the party allegedly served, the affidavit of service is rebutted and jurisdiction must be established by a preponderance of the evidence at a hearing (see Griffin v. Griffin, 215 A.D.2d 386; Skyline Agency v. Coppotelli, Inc., 117 A.D.2d 135). Accordingly, the Supreme Court erred in denying the motion to vacate the defendant's default without conducting a hearing on the issue of whether proper service was effected (see Griffin v. Griffin, supra).

SANTUCCI, J.P., SMITH, LUCIANO, SCHMIDT and MASTRO, JJ., concur.