Watt v. New York City Transit Authority

While I concur in the result, I cannot agree that an “affidavit of service by mail is usually sufficient to create a presumption’that a document was mailed”, or that, in this case, the need for a hearing as to whether the complaint was mailed is obviated because of inconsistent affidavits from the person who allegedly mailed the complaint. It is true that this court has held that a denial of receipt of a letter “is insufficient to rebut the inference of proper mailing *468which may be drawn from * * * [the sender’s] affidavit of service” (De Forte v Doctors Hosp., 66 AD2d 792). However, that…