Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a hearing in accordance herewith.
Where, as in the present case, there is a sworn denial of service by the defendant, the affidavit of service is rebutted and the plaintiff must establish jurisdiction by a preponderance of the evidence at a hearing (see, Matter of St. Christopher-Ottilie, 169 A.D.2d 690; Lexington Ins. Co. v Schuyler Bumpers, 125 A.D.2d 554; Skyline Agency v. Ambrose Coppotelli, Inc., 117 A.D.2d 135, 139). The plaintiff's contention that the defendant should be equitably estopped from raising the jurisdictional issue based upon settlement negotiations which have allegedly transpired between the parties is not properly before this Court, involving as it does matters dehors the record (cf., Sitaras v. Ricciardi Sons, 76 A.D.2d 860). Sullivan, J.P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.