Opinion

Household Finance Realty Corp. v. Brown

  • 13 A.D.3d 340
  • 785 N.Y.S.2d 742
  • 2004 N.Y. App. Div. LEXIS 14855
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 6, 2004
Status
Published
Cited by
16 cases
Authority
More cited than 94.0%

The opinion

In an action to foreclose a mortgage on real property, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (McGuirk, J), dated April 24, 2003, as denied that branch of their motion which was to vacate a judgment of foreclosure and sale of the same court entered October 21, 2002, upon their default in answering.

Ordered that the order is affirmed insofar as appealed from, with costs.

A judgment of foreclosure and sale was entered against the defendants upon their default in answering the complaint. The *341 defendants moved to vacate the judgment asserting a lack of jurisdiction due to improper service of process. However, the defendants failed to rebut the prima facie evidence of proper service created by the affidavit of the plaintiffs process server (see Bankers Trust Co. of Cal. v Tsoukas, 303 AD2d 343 [2003]; Kaywood v Cigpak, Inc., 258 AD2d 623 [1999]). Thus, the motion was properly denied (see Bankers Trust Co. of Cal. v Tsoukas, supra; Kaywood v Cigpak, Inc., supra).

The defendants’ remaining contentions either are not properly before this Court or without merit. Ritter, J.E, Smith, Rivera and Lifson, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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