Opinion
No. 2011–1349 KC.
2012-06-11
104 REALTY, LLC, Respondent, v. Olajide JOHNSON, Appellant.
Present: PESCE, P.J., WESTON and RIOS, JJ.
Appeal from an order of the Civil Court of the City of New York, Kings County (Anthony J. Fiorella, Jr., J.), entered May 2, 2011. The order denied tenant's motion to vacate a default final judgment and to restore the matter to the calendar in a nonpayment summary proceeding.
ORDERED that the order is affirmed, without costs.
In this nonpayment summary proceeding, tenant appeals from an order denying her motion to vacate a default final judgment awarding landlord possession and the sum of $3,352, and to restore the matter to the calendar.
The affidavit of service of the petition and notice of petition states that tenant was served by personal delivery. The process server's affidavit constitutes prima facie proof of service ( see City of New York v. Miller, 72 AD3d 726 [2010] ), and tenant's conclusory claim that the “court lacks personal jurisdiction because the Notice of Petition and Petition were not served properly” was insufficient to rebut the presumption of proper service established by the affidavit. In view of the foregoing, and as tenant failed to show an adequate excuse for her default ( see Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986] ), her motion to vacate the default final judgment was properly denied.
Accordingly, the order is affirmed.