Legal Opinion

Fairmount Funding Ltd. v. Stefansky

Appellate Division of the Supreme Court of the State of New York

Decided January 7, 1997PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Ira Gammerman, J.), entered March 5, 1996, which denied defendants-appellants’ motion to vacate the default judgment entered against them for lack of jurisdiction, unanimously affirmed, without costs.

*214The motion was properly denied since the process server’s affidavits, which indicate that appellants were each served in accordance with CPLR 308 (4), constituted prima facie evidence of proper service, and appellants’ bald assertion that they never received process was insufficient to dispute the veracity or content of the affidavits (Manhattan Sav. Bank v…

2Cases cited1 opinion

  1. Manhattan Savings Bank v. KohenAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by3 opinions

  1. Aames Capital Corp. v. FordAppellate Division of the Supreme Court of the State of New York · 2002
  2. Nazarian v. Monaco Imports, Ltd.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Slimani v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2008

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