Defendant appeals from that portion of an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered December 17, 2007, which denied its motion to dismiss the complaint for lack of personal jurisdiction.

Per Curiam.

Order (Geoffrey D. Wright, J.), entered December 17, 2007, insofar as appealed from, affirmed, with $10 costs.

The process server's affidavit, which stated that the corporate defendant was personally served by delivering a copy of the summons and complaint to its "managing agent" and provided a description of that person, constituted prima facie evidence of proper service pursuant to CPLR 311(a)(1) (see McIntyre v Emanuel Church of God, Inc., 37 AD3d 562 [2007]). The affidavit submitted by defendant's principal, acknowledging receipt of the summons and complaint and indicating that the affiant believed, but was not "certain," that the papers arrived via some (unspecified) form of mailing, lacked specific facts to rebut the plaintiff's showing (see Simonds v Grobman, 277 AD2d 369 [2000]). Nor was defense counsel's denial of service sufficient to warrant a traverse hearing, at least on this record which contains no documentary evidence raising factual issues as to proper service (see Lynch v New York City Tr. Auth., 12 AD3d 644 [2004]; cf. Johnson v Deas, 32 AD3d 253 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 05, 2009