Kelley Kronenberg Partners Jesse Siegel and Jason Silver secured a judgment of foreclosure and sale for their lender client after prevailing at a traverse hearing in Queens County Supreme Court, defeating a challenge to service of process. 

The case involved residential mortgage foreclosure on property in Springfield Gardens, Queens. After the lender filed its foreclosure action and obtained an order of reference, the borrower cross-moved to dismiss for lack of personal jurisdiction, claiming improper service of the summons and complaint. 

Under New York law, when service of process is challenged, the plaintiff bears the burden of establishing personal jurisdiction and proper service by a preponderance of the evidence. An affidavit of service constitutes prima facie evidence of proper service, but that presumption can be overcome with specific facts or substantiated assertions—though conclusory language or minor differences aren’t enough. 

The challenge necessitated a traverse hearing before the Hon. Judge Lumarie Maldonado Cruz on October 30, 2025. Jesse appeared in person with the lender’s process server as witness. 

The process server testified he is a licensed New York process server with twelve years of experience serving 50-100 legal documents weekly. He confirmed personal knowledge of the services performed and testified he went to the borrower’s residence on two separate occasions. On the first visit, he delivered the required documents to one of the borrower’s adult children who resided at the property—a person of suitable age and discretion under CPLR § 308(2). He subsequently mailed the same documents to the same address in compliance with statutory requirements. 

On his second visit, the process server delivered amended pleadings to another adult child residing at the property, again followed by proper mailing. He testified he personally completed both affidavits of service and signed them before a notary public. The affidavits were admitted into evidence without objection. 

On cross-examination, the process server held firm that he possessed personal knowledge at the time of service and everything in his affidavits was true and accurate. 

The defense presented testimony from the adult children, who denied receiving the documents or having seen the process server before the traverse hearing. 

Judge Maldonado Cruz reserved decision following the hearing. In her written decision, the Court found the lender’s process server credible and found the defense witnesses “lacking in credibility and specificity.” The Court ruled the borrower “did not overcome the presumption of proper service which arose with the Affidavits of Service” and that the lender “met its burden to establish jurisdiction by a preponderance of the evidence.” 

Judge Maldonado Cruz granted the lender’s motion for judgment of foreclosure and sale in its entirety and denied the cross-motion to dismiss in its entirety. 

This victory demonstrates the critical importance of experienced, credible process servers in foreclosure litigation. When service is challenged, detailed testimony from a licensed professional with extensive experience—who can testify to personal knowledge and specific procedures followed—typically prevails over conclusory denials lacking specificity. 

For lenders pursuing foreclosure, this case reinforces that proper documentation and credible witness testimony overcome service challenges. Traverse hearings require preparation: bring the actual process server, have affidavits admitted into evidence, and be prepared to establish every element of compliance with CPLR requirements. 

Click here to learn more about Kelley Kronenberg’s Real Estate practice. 

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