Opinion
2013-2472 W C
08-03-2015
Petro, Inc., Respondent, August 3, 2015 v. Ian Orr, Appellant.
PRESENT: :
Appeal from an order of the City Court of White Plains, Westchester County (JoAnn Friia, J.), entered August 21, 2013. The order denied defendant's motion to vacate a default judgment.
ORDERED that the order is affirmed, without costs.
In this action to recover for breach of an "agreement for delivery of oil and/or maintenance," and based on an account stated, a default judgment was entered upon defendant's failure to appear or answer. In support of a motion to vacate the default judgment, defendant alleged that he had not been served. The City Court denied defendant's motion.
Defendant's bald assertion that he "was not served with a summons and complaint" was insufficient to rebut the presumption of proper service raised by the affidavit of service (see CPLR 5015 [a] [4]; Abdelqader v Abdelqader, 120 AD3d 1275, 1276 [2014]). Additionally, defendant's bare bones claim that he did not receive service was insufficient to establish an excusable default (see CPLR 5015 [a] [1]) or that he "did not personally receive notice of the summons in time to defend" the action (CPLR 317; see Carrenard v Mass, 11 AD3d 501 [2004]).
Accordingly, the order is affirmed.
Iannacci, J.P., Tolbert and Connolly, JJ., concur.
Decision Date: August 03, 2015