Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered March 20, 2006. The order denied defendant's motion to vacate a default judgment.

Order affirmed without costs.

In this action seeking to recover damages for breach of contract and an account stated, defendant defaulted in appearing. By order to show cause dated March 7, 2006, defendant asserted in her affidavit in support of the motion to vacate the default judgment that she was not served. The court below denied the motion. On appeal,
defendant contends that the motion to vacate the default judgment should have been granted because she was not served with the summons and complaint.

Defendant's bald denial that she was not served was insufficient to rebut the presumption of proper service raised in the affidavit of service (see CPLR 5015; Carrenard v Mass, 11 AD3d 501 [2004]). Furthermore, even if defendant's motion were treated as one made pursuant to CPLR 317, she failed to demonstrate that she did not personally receive notice of the summons in time to defend the action (Carrenard v Mass, 11 AD3d 501, supra). We note further that the exhibits annexed to the brief on appeal are dehors the record, and may not be considered in evaluating the merits of this appeal (see Blum v Yuabov, 12 Misc 3d 139[A], 2006 NY Slip Op 51333[U] [App Term, 2d & 11th Jud Dists]). Accordingly, the order denying defendant's motion to vacate the default judgment is affirmed.

Weston Patterson, J.P., Golia and Belen, JJ., concur.
Decision Date: July 31, 2007