Appellate Division, First Department · September 29, 2026 · 2026 NY Slip Op 05463
US Bank Trust National Association v Patricia Smith
Read the official decision: 2026 NY Slip Op 05463
Holding The Appellate Division reversed the lower court’s denial of a default judgment motion and grant of a dismissal cross-motion, finding that a traverse hearing was necessary to determine if service was properly effectuated. The court held that the defendant’s affidavit sufficiently rebutted the plaintiff’s prima facie evidence of service due to significant discrepancies in the description of the person served.
The court’s words
a traverse hearing is necessary to determine whether defendant was properly served
2026 NY Slip Op 05463, at the official text
it is immaterial whether another individual bearing the process server's description was at the home at the time
2026 NY Slip Op 05463, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | September 29, 2026 |
| Citation | 2026 NY Slip Op 05463 |
| Area of law | Civil Procedure |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05463 |
| 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 | 636 |
Recommended citation
ESQ HQ, New York Law Watch, US Bank Trust National Association v Patricia Smith, 2026 NY Slip Op 05463 (Appellate Division, First Department, September 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05463/
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.
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