Opinion
April 16, 1998
Appeal from the Supreme Court (Kahn, J.).
We affirm Supreme Court's denial of defendant's motion to vacate a default judgment entered against him on August 6, 1990. Defendant sought relief under CPLR 5015 (a) (4), alleging that "plaintiff filed false affidavits of service of some summons/complaint upon me". In opposition, plaintiff filed a proof of service showing that it effectuated service upon defendant under CPLR 308 (4). In light of this prima facie evidence of proper service, Supreme Court properly denied defendant's motion without a hearing since his conclusory denial of service was insufficient to raise an issue of fact (see, Manhattan Sav. Bank v. Kohen, 231 A.D.2d 499, lv denied 91 N.Y.2d 802; Sando Realty Corp. v. Aris, 209 A.D.2d 682; compare, New York State Higher Educ. Servs. Corp. v. Palmeri, 167 A.D.2d 797).
Cardona, P.J., Peters, Spain and Carpinello, JJ., concur.
Ordered that the order is affirmed, with costs.