Opinion
2013-10-15
Antonio NAVARRO, Plaintiff–Respondent, v. Dropattie SINGH, Defendant–Appellant.
Howard L. Sherman, Ossining, for appellant. Lieber & Gary, New York (Paul Golden of counsel), for respondent.
Howard L. Sherman, Ossining, for appellant. Lieber & Gary, New York (Paul Golden of counsel), for respondent.
FRIEDMAN, J.P., RICHTER, FEINMAN, GISCHE, JJ.
Order, Supreme Court, Bronx County (Mary Ann Brigantti–Hughes, J.), entered August 3, 2012, which denied defendant's motion to vacate the default judgment against her, unanimously affirmed, without costs.
Plaintiff satisfied his burden of establishing personal jurisdiction over defendant by service of the summons and complaint pursuant to CPLR 308(2). At the traverse hearing, the process server testified that he served defendant's sister, a person of suitable age and discretion, and mailed a copy of the summons and complaint to defendant. We find no basis to disturb the hearing court's determination to credit his testimony. That the affidavit of service filed by the process server incorrectly indicates that service was on the “Individual” defendant, and does not indicate that the summons and complaint was mailed to defendant, does not warrant a different result. These are mere irregularities which do not divest the court of jurisdiction ( see Bell v. Bell, Kalnick, Klee & Green, 246 A.D.2d 442, 443, 668 N.Y.S.2d 177 [1st Dept.1998]; Mendez v. Kyung Yoo, 23 A.D.3d 354, 806 N.Y.S.2d 67 [2d Dept.2005]; Mrwik v. Mrwik, 49 A.D.2d 750, 372 N.Y.S.2d 693 [2d Dept.1975] ). These irregularities in the affidavit of service did not stop or toll defendant's time to answer ( see e.g. Morrissey v. Sostar, S.A., 63 A.D.2d 944, 407 N.Y.S.2d 146 [1st Dept.1978] ).
We have considered defendant's remaining arguments and find them unavailing.