Career Directions, Inc. v. F & K Supply, Inc.

Spain, J. Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Bivona, J.), entered October 12, 1993 in Orange County, which, inter alia> denied a motion by defendant F & K Supply, Inc. to vacate a default judgment entered against it.

"It is well established that it is the plaintiff who bears the ultimate burden of proving by preponderating evidence that jurisdiction over the defendant was obtained” (Powell v Powell, 114 AD2d 443, 444 [citations omitted]; see, Torres v Corpus, 131 AD2d 463). In the case at bar it is…