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CHEMICAL BANK v. DARNLEY

Appellate Division of the Supreme Court of New York, Second Department.
Dec 30, 2002
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The process server's affidavit, which stated that the defendant Curby Darnley was personally served at his residence, constituted prima facie evidence of proper service pursuant to CPLR 308(1) (see NYCTL 1997-1 Trust v. Nillas, 288 A.D.2d 279; Wieck v. Halpern, 255 A.D.2d 438; Green Point Sav. Bank v. Clark, 253 A.D.2d 514). Darnley's bare denial of service was "insufficient to dispute the veracity and content of the affidavit" (Manhattan Sav. Bank v. Kohen, 231 A.D.2d 499, 500; see also Wieck v. Halpern, supra; Simmons First Natl. Bank v. Mandracchia, 248 A.D.2d 375). Accordingly, Darnley's motion to vacate the judgment for lack of personal jurisdiction (see CPLR 317, 5015) was properly denied by the Supreme Court without a hearing (see Manhattan Sav. Bank v. Kohen, supra; Sando Realty Corp. v. Aris, 209 A.D.2d 682).

Darnley's remaining contentions are without merit.

SANTUCCI, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.