Chemical Bank v. Darnley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to foreclose a mortgage, the defendant Curby Darnley appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated December 14, 2001, which denied his motion to vacate a judgment of foreclosure and sale of the same court, dated August 8, 2000, entered upon his default in answering.
Ordered that the order is affirmed, with costs.
The process server’s affidavit, which stated that the defendant Curby Darnley was personally served at his residence, constituted prima facie evidence of proper service pursuant to CPLR 308 (1) (see NYCTL 1997-1 Trust v Nillas, 288 AD2d…
2Cases cited6 opinions
- Sando Realty Corp. v. ArisAppellate Division of the Supreme Court of the State of New York · 1994
- NYCTL 1997-1 Trust v. NillasAppellate Division of the Supreme Court of the State of New York · 2001
- Simmons First National Bank v. MandracchiaAppellate Division of the Supreme Court of the State of New York · 1998
- Wieck v. HalpernAppellate Division of the Supreme Court of the State of New York · 1998
- Green Point Savings Bank v. ClarkAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by9 opinions
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- NYCTL 2009-A Trust v. TsafatinosAppellate Division of the Supreme Court of the State of New York · 2012
- Kelley v. ChavezAppellate Division of the Supreme Court of the State of New York · 2006
- Burekhovitch v. TatarchukAppellate Division of the Supreme Court of the State of New York · 2012
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