Commerce Bank v. Executive Settlement Services 1 LLC

*527Order, Supreme Court, New York County (Carol R. Edmead, J.), entered February 24, 2009, which, insofar as appealed from as limited by the briefs, denied the motion of defendants Executive Settlement Services (ESS) and Alexander Kaplan to vacate a default judgment, unanimously affirmed, without costs.

The unsworn affirmation of attorney Kaplan, a party in this action, was insufficient as a matter of law to rebut the affidavit of personal service on him (see Matter of Nazarian v Monaco Imports, 255 AD2d 265 [1998]; see also LaRusso v Katz, 30 AD3d 240, 243 [2006]), or to explain ESS’s claimed…