21st Mortgage Corporation v. Hindy Rosenfeld

Holding The Appellate Division modified the lower court’s order to require a hearing on the validity of service of process, as the defendant’s sworn denial sufficiently rebutted the presumption of service. The court affirmed the denial of the plaintiff’s motion to extend the time to serve unknown heirs because the statutory period under CPLR 205-a had expired.

The court’s words

The Supreme Court should not have granted Rosenfeld's motion pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against her for lack of personal jurisdiction without first conducting a hearing

2026 NY Slip Op 06273, at the official text

Rosenfeld sufficiently rebutted the presumption of proper service by submitting her own affidavit in which, among other things, she denied receipt of the summons and complaint

2026 NY Slip Op 06273, at the official text

the plaintiff failed to complete service during the prescribed statutory period and was not entitled to a further extension

2026 NY Slip Op 06273, at the official text