On October 8, 2025, the Second Department issued a decision in Quicksilver Capital, LLC v. Dixon Fin. Servs., LLC, 2025 NY Slip Op. 05545, holding that a defendant’s denial of receipt of service was insufficiently specific to justify holding a traverse hearing, explaining:
A process server’s affidavit of service constitutes prima facie evidence of proper service. To be entitled to vacatur of a default judgment under CPLR 5015(a)(4), a defendant must overcome the presumption raised by the process server’s affidavit of service. When a defendant submits a sworn denial of receipt of service containing specific facts to refute the statements in the affidavit of the process server, the prima facie showing is rebutted. A minor discrepancy between the appearance of the person allegedly served and the description of the person served contained in the affidavit of service is generally insufficient to raise an issue of fact warranting a hearing. Here, Grayson’s assertion that he did not receive service of process was insufficiently substantiated to warrant a hearing. Further, the claimed discrepancies between the physical appearance of Grayson and the person served with process were either too minor or insufficiently substantiated to warrant a hearing.
(Internal quotations and citations omitted).