Burekhovitch v. Tatarchuk
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The Supreme Court erred in granting those branches of the motion of the defendants Regina Kapralova and the Tatarchuk Irrevocable Living Trust (hereinafter together the defendants) which were pursuant to CFLR 5015 (a) (4) to vacate the first through sixth and eighth decretal paragraphs of a judgment dated February 20, 2008, entered against them upon their default in answering the complaint or appearing in the action. The process server’s affidavit of service constituted prima facie evidence of proper service upon the defendants pursuant to CFLR 308 (4), and their unsubstantiated denials of…
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