| Commonwealth Land Title Ins. Co. v Sky Abstract, LLC |
| 2025 NY Slip Op 05453 [242 AD3d 447] |
| October 7, 2025 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Commonwealth Land Title Insurance Company,
Respondent, v Sky Abstract, LLC, et al., Defendants. Yoel Weisshaus, Nonparty Appellant. |
Yoel Weisshaus, appellant pro se.
Fidelity National Law Group, New York (Adam B. Kaplan of counsel), for respondent.
Judgments
- Default Judgment
- Vacatur
- Failure to File Affidavit of Service
Order, Supreme Court, New York County (David B. Cohen, J.), entered August 5, 2024, which denied nonparty Yoel Weisshaus's motion to vacate the default judgment against defendant Fay Farkas, unanimously affirmed, with costs.
The court providently exercised its discretion in denying Weisshaus's motion to vacate the default judgment against Farkas. The verified complaint was sufficient to establish the facts constituting the claim (see Woodson v Mendon Leasing Corp., 100 NY2d 62, 70-71 [2003]; Bigio v Gooding, 213 AD3d 480, 481 [1st Dept 2023]). Moreover, the properly executed affidavit of service constituted prima facie evidence of proper service as to Farkas (see Bank of Am., N.A. v Budhan, 171 AD3d 622, 622 [1st Dept 2019]). Plaintiff's failure to file the affidavit of service with the clerk of the court within 20 days of service is a "mere irregularity" rather than a jurisdictional defect and does not render the service of process a "nullity" (see Reem Contr. v Altschul & Altschul, 117 AD3d 583, 584 [1st Dept 2014]; General Ins. v Leandre, 224 AD3d 427, 428 [1st Dept 2024]). Service was deemed complete 10 days after plaintiff filed its motion for a default judgment with the affidavit of service (see Reem Contr. at 584; General Ins. at 428).
We have considered Weisshaus's remaining arguments and find them unavailing. Concur—Manzanet-Daniels, J.P., Kennedy, Shulman, Michael, Hagler, JJ.