Perilla v. Carchi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered January 26, 2012, which, in this personal injury action, *430denied defendant’s motion to vacate a prior default judgment on the ground of lack of jurisdiction, unanimously affirmed, without costs.
Defendant’s affidavit submitted some eight years after the default by defendant failed to rebut the presumption of proper service created by the affidavit of service submitted by plaintiffs (see Wells Fargo Bank, NA v Edwards, 95 AD3d 692 [1st Dept 2012]; Matter of de Sanchez, 57 AD3d 452, 454 [1st Dept 2008]). The portion of defendant’s…
2Cases cited2 opinions
- NYCTL 1998-1 Trust & Bank of New York v. RabinowitzAppellate Division of the Supreme Court of the State of New York · 2004
- Wells Fargo Bank v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by1 opinion
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