Indymac Federal Bank FSB v. Quattrochi

*764The Supreme Court properly denied the motion of the defendant Emigrant Bank (hereinafter the appellant), pursuant to CPLR 5015 (a) (1) and (4), inter alia, to vacate the judgment of foreclosure and sale entered upon its default in answering the complaint. As to that branch of the appellant’s motion which was to vacate its default pursuant to CPLR 5015 (a) (4) for lack of jurisdiction, the affidavit of the plaintiffs process server constituted prima facie evidence of proper service pursuant to CPLR 311 (a) (1) (see C&H Import & Export, Inc. v MNA Global, Inc., 79 AD3d 784, 785 [2010]; SFR…