Hidalgo v. Cruiser Taxi Corp.

That branch of the defendants’ renewed motion which was pursuant to CPLR 5015 (a) (1) and (4) to vacate so much of the judgment as was entered against the defendant Cruiser Taxi Corp. (hereinafter Cruiser) upon its default in appearing or answering the complaint should have been denied. In support of its renewed motion, Cruiser failed to demonstrate a reasonable excuse for its default or to come forward with sufficient proof to rebut the affidavit of the plaintiffs’ process server, which constituted prima facie evidence of proper service upon it pursuant to CPLR 311 (a) (1) (see Business…