WELLS FARGO BANK v. Mortgage Electronic Registration Systems Inc., etc., Defendant. (2020)

Plaintiff's affidavit of service constituted prima facie evidence of proper service, and defendant's conclusory denial of service was insufficient to rebut the prima facie showing (Wells Fargo Bank, N.A. v. Njoku, 148 A.D.3d 438, 47 N.Y.S.3d 904 [1st Dept. 2017] ).  Defendant did not dispute that the property where service was allegedly effected was his primary residence or show that there was no person matching the description in the affidavit of service at the property at the time of service (see Roberts v. Anka, 45 A.D.3d 752, 754, 846 N.Y.S.2d 280 [2d Dept. 2007], lv dismissed 10 N.Y.3d 851, 859 N.Y.S.2d 613, 889 N.E.2d 492 [2008] ).  Defendant argues instead that the description of the named recipient of service in the affidavit does not fit that of his one-year-old son, who was also out of the country at the time of service.  The affidavit reflects that it was served on “Israel Javier Jr. Son” [all caps deleted].  However, the affidavit describes the person who was served as male, approximately 25, 5′8″ tall and weighing 160 pounds.  Given that the accuracy of the description of the recipient of service is uncontested, the fact that the stated name may be incorrect is not sufficient to refute proper service (see Black v. Pappalardo, 132 A.D.2d 640, 518 N.Y.S.2d 13 [2d Dept. 1987] ).

We have considered defendant's remaining contentions and find them unavailing.