Opinion
June 22, 1998
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the order is affirmed, with costs.
Contrary to the appellants' contention, the Supreme Court properly directed a hearing to resolve the issue of whether the defendant Myrtle Wynne was properly served with process in this action. Although a proper affidavit of service attesting to personal delivery of a summons to a defendant is ordinarily sufficient to support a finding of jurisdiction, where, as here, it is claimed that personal service was effected and there is a sworn denial of receipt 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, Bank of Am. Natl. Trust Sav. Assn. v. Herrick, 233 A.D.2d 351; Coolidge-Island Equities Ltd. Partnership v. Nicholas, 226 A.D.2d 577; Greenpoint Sav. Bank v. Mione, 213 A.D.2d 375). Furthermore, since the unauthorized appearance of an attorney is insufficient to confer jurisdiction (see, Greenpoint Sav. Bank v. Mione, supra; Skyline Agency v. Ambrose Coppotelli, Inc., 117 A.D.2d 135), the Supreme Court properly determined that the factual dispute regarding whether Wynne authorized an attorney to appear on her behalf in the foreclosure action should be resolved at the hearing.
The appellants' remaining contentions are without merit.
Sullivan, J. P., Joy, Krausman and Florio, JJ., concur.