Proving Service and Jurisdiction
In many disputes over personal jurisdiction, the issue of proper service is raised by a defendant. Here is an excerpt from my brief dealing with such a defense:
An affidavit of service is prima facie evidence that process was properly served. Reem Contracting v. Altschul & Altschul, 117 A.D.3d 583, 584 (1st Dept. 2014). Absent affidavits from a defendant that he was improperly served, personal jurisdiction will stand. EBC Amro Asset Management Ltd. v. Kaiser, 256 A.D.2d 161, 162 (1st Dept. 1998).
If you have any legal questions or need help with service of process and jurisdiction, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar.