The following excerpt is from Torres v. Wade, 15 N.Y.S.3d 715 (Table) (N.Y. Cty. Ct. 2015):
As set forth above, the burden of proving that personal jurisdiction was acquired rests with the petitioner. [If] the process server is living and available to testify, [a] defendant's sworn denial of proper service renders the affidavit of service non-conclusive and shifts the burden of proof to plaintiff to substantiate the allegation of personal service therein. Under such circumstances, a hearing on the question of whether the affidavit of service establishes proper service requires the affiant must be made available for cross-examination by the party denying receipt (Anton v. Amato, 101 A.D.2d 810 [2d Dept 1984] ).
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