The following papers numbered 1 to 5 were read and considered on the Defendant's Order to Show Cause seeking to vacate the default judgment and dismiss the complaint

The Plaintiff commenced this action seeking to recover the sum of $3,284.94 for the Defendant's alleged failure to make payments for goods and services charged to a credit card with Plaintiff, Capital One Bank. The Affidavit of Service in the file indicates that on June 15, 2010, the summons and complaint were served upon a person of suitable age and discretion followed by a mailing to the Defendant's last known address. Following Defendant's failure to appear, a judgment in the sum of $3,665.81 was entered against her on August 26, 2010.

The Defendant now moves by Order to Show Cause to vacate the judgment and dismiss the complaint on the grounds that Defendant never received the summons and complaint. The Plaintiff opposed.

To vacate a default judgment, the movant must demonstrate both a legally sufficient excuse for the default and a meritorious defense. CPLR §5015; Eugene DiLorenzo, Inc v. A.C. Dutton Lumber Co. Inc., 67 NY2d 138 (1986). A meritorious defense must set forth factual allegations and details. Mere conclusory allegations, conclusions of law, and vague assertions will not suffice. National Recovery Sys. v. Weiss, 226 AD2d 289 (1st Dept., 1996); Maines Paper & Food Service Inc v. Farmington Foods Inc., 233 AD2d 595 (3d Dept 1996); Merwitz v. Dental Care Services P.C., 547 N.Y.S.2d 693 (3d Dept 1989). Here, the Defendant's statement that she will be garnished fails to set forth a meritorious defense.

Turning then to the second element, a reasonable excuse for default, the Court hereby finds the Defendant has failed to make a proper showing. A process server's affidavit of service is prima facie evidence of service. Genway Corp v. Elgut, 177 AD2d 467 (2d Dept, 1991). A conclusory denial of receipt of the summons and complaint is insufficient to raise any issue of fact as to proper service or to rebut the process server's affidavit. (See, Remington Invs. v. Seiden, 240 AD2d 647 (2d Dept 1997); Manhattan Savings Bank v. Kohen, 231 AD2d 499 (2d Dept, 1996); Sando Realty Corp v. Aris, 209 AD2d 682 (2d Dept 1994). Here, the sole basis for Defendant's default is her conclusory denial of service or receipt of the summons and complaint. The Defendant alleged "I never received notice, the last time I went to court — 9/7/18." (Defendant's Order to Show Cause). These bare allegations do not satisfy the necessary element of demonstrating a reasonable or justifiable excuse.

Accordingly, it is hereby

ORDERED, the Defendant's Order to Show Cause is denied; and it is further

ORDERED, that all stays are lifted forthwith; and it is further

ORDERED, that the judgment entered against the Defendant Maria Garcia, on August 26, 2010 in the sum of $3,665.81 stands.