Traverse Hearing Required for Conflicting Service Affidavits in Shared Office Space
In a complex business dispute, the court addressed jurisdictional challenges based on alleged improper service. One defendant personally denied being served, claiming an unauthorized person in his shared office space received the documents. The court held that these conflicting averments necessitated a traverse hearing to determine the validity of service.
Key Legal Principles:
- Personal denial of service by a defendant requires a traverse hearing when it conflicts with the process server's affidavit.
- Service under CPLR 308(2) must be made at the defendant's actual dwelling place or usual place of abode.
- Shared office spaces can complicate service, requiring careful examination of the recipient's authority to accept service.
Conclusion: The case underscores the importance of proper service in establishing jurisdiction, particularly in shared business environments. When faced with conflicting accounts of service, courts should conduct traverse hearings to resolve factual disputes and ensure due process.
Citation: Slutzky v Aron Estates Corp., 157 Misc 2d 749, 753 (Sup Ct 1993).