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Slomin's, Inc. v Serpico
2015 NY Slip Op 50478(U) [47 Misc 3d 134(A)]
Decided on March 26, 2015
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 26, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., SOLOMON and ELLIOT, JJ.
2013-1315 RI C

Slomin's, Inc., Appellant,

against

Robert Serpico, Respondent.


Appeal from an order of the Civil Court of the City of New York, Richmond County (Philip S. Straniere, J.), entered June 19, 2013. The order granted defendant's motion to vacate a default judgment.

ORDERED that the order is reversed, without costs, and defendant's motion to vacate the default judgment is denied.

In this action to recover the principal sum of $2,725.57 for breach of an alarm installation and servicing agreement, plaintiff appeals from an order of the Civil Court which granted defendant's motion to vacate a default judgment.

In his affidavit submitted in support of his motion, defendant merely alleged that he had not been served properly. Defendant's conclusory denial of service was insufficient to rebut the prima facie proof of proper service set forth in the process server's affidavit of service (see Deutsche Bank Natl. Trust Co. v Pietranico, 102 AD3d 724 [2013]; ACT Props., LLC v Garcia, 102 AD3d 712 [2013]; LR Credit 22, LLC v Monaghan, 38 Misc 3d 129[A], 2012 NY Slip Op 52395[U] [App Term, 9th & 10th Jud Dists 2012]). Consequently, defendant failed to establish a basis to vacate the default judgment pursuant to CPLR 5015 (a) (4). Defendant likewise failed to demonstrate any other basis to vacate the default judgment. Accordingly, the order is reversed and defendant's motion to vacate the default judgment is denied.

Weston, J.P., Solomon and Elliot, JJ., concur.


Decision Date: March 26, 2015