ELLIOT PLACE ESTATES LLC v. Williams

A landlord commenced a nonpayment proceeding, resulting in a default judgment against the rent-stabilized tenant. The tenant moved to vacate the default judgment, asserting a lack of personal jurisdiction due to improper service and seeking leave to serve a late answer. The court granted the tenant's motion solely to the extent of scheduling a traverse hearing. It determined that the tenant's detailed factual affirmation challenging the purported service constituted a credible counter-narrative, sufficiently rebutting the presumption of proper service established by an affidavit of service and thus warranting a hearing to resolve the jurisdictional question.