Washington Mut. Bank v. Huggins, 140 A.D.3d 858 (N.Y. App. Div. 2016). · Go Syfert
Washington Mut. Bank v. Huggins, 140 A.D.3d 858 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
62 citation events (62 in the last 25 years) across 3 distinct courts.
Strongest positive: Roach v. 215 Sterling LLC (nysupctkings, 2026-02-17)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Roach v. 215 Sterling LLC (2×)
N.Y. Sup. Kings · 2026 · confidence medium
Bank v [*4]Huggins , 140 AD3d 858, 859 [2016]; Bank of NY v Espejo , 92 AD3d at 708 ; cf. Wachovia Bank, N.A. v Greenberg , 138 AD3d 984, 985 [2016]). ( Nationstar Mtge. v Kamil , 155 AD3d 966, 967-968 [2d Dept 2017].) Defendants argue that the delay in Plaintiff's filing of the affidavit of service on Defendant Parlanti was prejudicial since the statute of limitations expired after service was made.
discussed Cited as authority (rule) Synchrony Bank v. Anwar
N.Y. Sup. Kings · 2026 · confidence medium
Bank v Huggins , 140 AD3d 858, 859 [2016]; Bank of NY v Espejo , 92 AD3d at 708 ; cf. Wachovia Bank, N.A. v Greenberg , 138 AD3d 984, 985 [2016]). ( Nationstar Mtge. v Kamil , 155 AD3d 966, 967-968 [2d Dept 2017].) Similar to the Kamil case, here the process server's affirmation of service contained affirmed allegations reciting that service was made upon the defendant by leaving the relevant papers with a person of suitable age and discretion, namely Hamza Ahmed, at Defendant's residence (with a photo of the apartment door).
cited Cited as authority (rule) Cook v. City of New York
N.Y. Sup. Kings · 2025 · confidence medium
Bank v Huggins , 140 AD3d 858, 859 [2016]; Bank of NY v Espejo , 92 AD3d 707, 708 [2012]; Roberts v Anka , 45 AD3d 752, 754 [2007]; cf. Wachovia Bank, N.A. v Greenberg , 138 AD3d 984, 985 [2016]).
examined Cited as authority (rule) Churchill Corporate Servs., Inc. v. Souyun Lee (3×)
N.Y. App. Term. · 2024 · confidence medium
Bank v Huggins , 140 AD3d 858, 859 [2016]; Grinshpun v Borokhovich , 100 AD3d 551 , 552 [2012], lv denied 21 NY3d 857 [2013]).
cited Cited as authority (rule) U.S. Equities Corp. v. Chaplin
N.Y. App. Term. · 2022 · confidence medium
Bank v Huggins , 140 AD3d 858, 859 [2016]; Grinshpun v Borokhovich , 100 AD3d 551 , 552 [2012], lv denied 21 NY3d 857 [2013]).
cited Cited as authority (rule) 622 VCA, LLC v. Black
N.Y. App. Term. · 2022 · confidence medium
Bank v Huggins , 140 AD3d 858, 859 [2016]; Bank of NY v Espejo , 92 AD3d 707, 708 [2012]; Roberts v Anka , 45 AD3d 752, 754 [2007]; Daimler Trust v Ferro , 2018 NY Slip Op 50116[U] , *2).
cited Cited as authority (rule) U.S. Equities Corp. v. Tan
N.Y. App. Term. · 2021 · confidence medium
Bank v Huggins , 140 AD3d 858, 859 [2016]; Grinshpun v Borokhovich , 100 AD3d 551 , 552 [2012], lv denied 21 NY3d 857 [2013]).
cited Cited as authority (rule) Milonis v. 3273-3285 Westchester Ave. Realty Corp.
N.Y. App. Term. · 2021 · confidence medium
Bank v Huggins, 140 AD3d 858, 859 [2016] ; Perilla v Carchi , 100 AD3d 429, 430 [2012]; Matter of de Sanchez, 57 AD3d 452 , 454 [2008]).
cited Cited as authority (rule) Cach, LLC v. Ryan
N.Y. App. Div. · 2018 · confidence medium
Bank v Huggins , 140 AD3d 858, 859 [2d Dept 2016]; Roberts v Anka , 45 AD3d 752, 754 [2d Dept 2007]; Granite Mgt. & Disposition v Sun , 221 AD2d 186, 186-187 [1st Dept 1995]).
cited Cited as authority (rule) Nationstar Mortgage, LLC v. Kamil
N.Y. App. Div. · 2017 · confidence medium
Bank v Huggins, 140 AD3d 858, 859 [2016]; Bank of N.Y. v Espejo, 92 AD3d at 708 ; cf. Wachovia Bank, N.A. v Greenberg, 138 AD3d 984, 985 [2016]).
discussed Cited as authority (rule) US Bank National Ass'n v. Ramos (2×)
N.Y. App. Div. · 2017 · confidence medium
Bank v Huggins, 140 AD3d 858, 859 [2016]).
cited Cited as authority (rule) U.S. Bank National Ass'n v. Telford
N.Y. App. Div. · 2017 · confidence medium
Bank v Huggins, 140 AD3d 858, 859 [2016]; Bank of N.Y. v Espejo, 92 AD3d 707, 708 [2012]; Roberts v Anka, 45 AD3d 752, 754 [2007]; cf. Wachovia Bank, N.A. v Greenberg, 138 AD3d 984, 985 [2016]).
discussed Cited as authority (rule) U.S. Equities Corp. v. Ruiz
N.Y. App. Term. · 2017 · confidence medium
Bank v Huggins , 140 AD3d 858, 859 [2016]), especially in the absence of any sworn assertion or competent proof as to where defendant actually did reside at the time service was made in 2005 ( see DeLuca v Ricci , 194 AD2d 457, 458 [1993]; see also U.S. Bank N.A. v Martinez , 139 AD3d 548, 549 [2016]; compare Edwards, Angell, Palmer & Dodge, LLP v Gerschman , 116 AD3d 824 [2014]).
Retrieving the full opinion text from the archive…
Washington Mutual Bank, Appellant,
v.
Matthews Huggins, Respondent, Et Al., Defendants
2015-04296.
Appellate Division of the Supreme Court of the State of New York.
Jun 8, 2016.
140 A.D.3d 858
Mastro, Sgroi, Duffy, Nelson.
Cited by 36 opinions  |  Published

In an action to foreclose a mortgage, the plaintiff appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Kings County (F. Rivera, J.), dated July 25, 2014, as directed a hearing on that branch of the cross motion of the defendant Matthews Huggins which was pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction, and (2) from an order of the same court dated September 23, 2014, which, after a hearing, granted that branch of the cross motion of the defendant Matthews Huggins which was pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction.

Ordered that on the Court’s own motion, the plaintiff’s notice of appeal from so much of the order dated July 25, 2014, as directed a hearing on that branch of the cross motion of the defendant Matthews Huggins which was pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal from that portion of the order is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order dated July 25, 2014, is reversed insofar as appealed from, on the law, that branch of the cross motion of the defendant Matthews Higgins which was pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction is denied, and the order dated September 23, 2014, is vacated; and it is further,

[*859] Ordered that the appeal from the order dated September 23, 2014, is dismissed as academic in light of our determination on the appeal from the order dated July 25, 2014; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

A process server’s affidavit of service constitutes prima facie evidence of valid service (see American Home Mtge. Servicing, Inc. v Gbede, 127 AD3d 1004, 1005 [2015]; Velez v Forcelli, 125 AD3d 643, 644 [2015]; Edwards, Angell, Palmer & Dodge, LLP v Gerschman, 116 AD3d 824, 825 [2014]). A mere conclusory denial of service is insufficient to rebut the presumption of proper service arising from the process server’s affidavit (see Matter of Romero v Ramirez, 100 AD3d 909, 910 [2012]; Scarano v Scarano, 63 AD3d 716, 716 [2009]). In order to warrant a hearing to determine the validity of service of process, the denial of service must be substantiated by specific, detailed facts that contradict the affidavit of service (see e.g. Wachovia Bank, N.A. v Greenberg, 138 AD3d 984, 985 [2016]; Machovec v Svoboda, 120 AD3d 772 [2014]; Wells Fargo Bank, N.A. v Christie, 83 AD3d 824 [2011]).

Here, the affidavit of service contained sworn allegations reciting that service was made upon the defendant Matthews Huggins (hereinafter the defendant) by leaving the relevant papers with a person of suitable age and discretion, who identified himself as “Mr. Salas,” at the defendant’s residence, and by subsequently mailing a second copy of the papers to the defendant at the same address. Contrary to the determination of the Supreme Court, the defendant’s submissions failed to rebut the affidavit of service, since they merely denied knowledge of a person named “Mr. Salas” and asserted that the defendant lived alone, but did not rebut the sworn allegation that a person fitting the physical description of “Mr. Salas” was present at the residence at the time and accepted service on behalf of the defendant (see Bank of N.Y. v Espejo, 92 AD3d 707, 708 [2012]; Roberts v Anka, 45 AD3d 752, 754 [2007]; Granite Mgt. & Disposition v Sun, 221 AD2d 186, 187 [1995]; cf. Wachovia Bank, N.A. v Greenberg, 138 AD3d at 985; Wells Fargo Bank, N.A. v Christie, 83 AD3d at 824). Moreover, the defendant’s conclusory assertion that he did not receive the mailed papers was similarly inadequate to overcome the inference of proper mailing that arose from the affidavit (see European Am. Bank v Abramoff, 201 AD2d 611, 612 [1994]; Colon v Beekman Downtown Hosp., 111 AD2d 841, 841 [1985]). Accordingly, a hearing to determine the validity of service of process was not warranted under the circumstances of this case, the order directing that hearing must be reversed, and the order made[*860] after the hearing must be vacated.

Mastro, J.P., Sgroi, Duffy and Brathwaite Nelson, JJ., concur.