Opinion
858
May 7, 2002.
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered April 9, 2001, which denied defendants-appellants' motion to vacate a judgment of foreclosure and sale and dismiss the action as against them for lack of jurisdiction, unanimously affirmed, without costs.
Leonard M. Fischer, for plaintiff-respondent.
Ira S. Clair, for defendants-appellants.
Before: Mazzarelli, J.P., Saxe, Sullivan, Wallach, Lerner, JJ.
Appellants' conclusory claims of improper service are insufficient to rebut the prima facie showing of service made out by the process server's affidavits (see, Fairmount Funding v. Stefansky, 235 A.D.2d 213, 214;Matter of Nazarian v. Monaco Imports, 255 A.D.2d 265). The claim made in their attorney's affirmation that they were never served with a 30-day notice to cure, as required by the mortgage, lacks evidentiary value and is thus unavailing (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 563). The affidavit of plaintiff's servicing agent setting forth, among other things, when the default occurred and the amount owed upon acceleration satisfied the requirements of CPLR 3215(f).
Motion seeking stay of eviction denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.