Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05273
Cole v Shorter
Read the official decision: 2026 NY Slip Op 05273
Holding The court reversed the lower court’s dismissal of the complaint, holding that the defendant’s conclusory and unsubstantiated affidavit denying residence at the service address was insufficient to rebut the presumption of proper service established by the process server’s affidavit. Consequently, the defendant’s motion to dismiss for lack of personal jurisdiction was properly denied.
The court’s words
her affidavit denying that she resided at the address where service allegedly was effectuated was conclusory and unsubstantiated
2026 NY Slip Op 05273, at the official text
a sworn denial containing a detailed and specific contradiction of the allegations in the process server's affidavit will defeat the presumption of proper service
2026 NY Slip Op 05273, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05273 |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05273 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 466 |
Recommended citation
ESQ HQ, New York Law Watch, Cole v Shorter, 2026 NY Slip Op 05273 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05273/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works