Opinion
December 3, 1985
Appeal from the Supreme Court, New York County (Richard W. Wallach, J.).
The affidavit of service completely reflects the date and time of the service of the summons with notice, a complete description of the individual served and an assertion that a copy of the summons with notice was mailed to Mr. Sanders' residence. The papers in opposition do not contain any affidavit or statement based upon personal knowledge that defendant Stanley Sanders failed to receive a copy of the summons with notice in the mail and are therefore insufficient to raise an issue of fact. Since the affidavit of the process server was unrebutted, Special Term should have granted that branch of appellant's motion seeking dismissal of the defense of lack of jurisdiction. We have examined the remaining contentions of appellant and find them to be without merit.
Concur — Sandler, J.P., Ross, Asch, Milonas and Ellerin, JJ.