Opinion
March 9, 1998
Appeal from the Supreme Court, Queens County (Polizzi, J.).
Ordered that the appeal by the defendant Rothschild Associates is dismissed, as it is not aggrieved by the portion of the order dated April 1, 1997, from which the appeal is taken; and it is further,
Ordered that the order is affirmed insofar as appealed from by the defendant Alan Rothschild; and it is further,
Ordered that the respondent is awarded one bill of costs payable by the appellants.
The Supreme Court properly granted the plaintiff's motion to dismiss the affirmative defense of lack of jurisdiction over the defendant Alan Rothschild, as he failed to "swear to specific facts in support of any denial of proper service" (European Am. Bank v. Abramoff, 201 A.D.2d 611, 612), and the affidavit by Rothschild's father "was insufficient to establish prima facie plaintiff's failure to obtain personal jurisdiction over [him]" (New York State Higher Educ. Servs. Corp. v. De John, 224 A.D.2d 904).
O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.