Opinion
No. 2013–1315 RI C.
03-26-2015
SLOMIN's, INC., Appellant, v. Robert SERPICO, Respondent.
Opinion
ORDERED that the order is reversed, without costs, and defendant's motion to vacate the default judgment is denied.
In this action to recover the principal sum of $2,725.57 for breach of an alarm installation and servicing agreement, plaintiff appeals from an order of the Civil Court which granted defendant's motion to vacate a default judgment.
In his affidavit submitted in support of his motion, defendant merely alleged that he had not been served properly. Defendant's conclusory denial of service was insufficient to rebut the prima facie proof of proper service set forth in the process server's affidavit of service (see Deutsche Bank Natl. Trust Co. v. Pietranico, 102 AD3d 724 [2013] ; ACT Props., LLC v. Garcia, 102 AD3d 712 [2013] ; LR Credit 22, LLC v. Monaghan, 38 Misc.3d 129[A], 2012 N.Y. Slip Op 52395[U] [App Term, 9th & 10th Jud Dists 2012] ). Consequently, defendant failed to establish a basis to vacate the default judgment pursuant to CPLR 5015(a)(4). Defendant likewise failed to demonstrate any other basis to vacate the default judgment. Accordingly, the order is reversed and defendant's motion to vacate the default judgment is denied.