Opinion
02-16-2017
BOARD OF MANAGERS OF HARBOR POINTE AT SHOREHAVEN CONDOMINIUM III, Plaintiff–Respondent, v. Janice I. Hidalgo MELENDEZ, Defendant–Appellant, The Secretary of Housing and Urban Development, et al., Defendants. Adam Plotch, Nonparty Respondent.
Law Office of Ricardo Aguirre, Bronx (Peter Shipman of counsel), for appellant. Jay L. Yackow, Westbury, for Board of Managers of Harbor Pointe at Shorehaven Condominium III, respondent. Law Offices of Thomas J. Finn, Forest Hills (Thomas J. Finn of counsel), for Adam Plotch, respondent.
Law Office of Ricardo Aguirre, Bronx (Peter Shipman of counsel), for appellant.
Jay L. Yackow, Westbury, for Board of Managers of Harbor Pointe at Shorehaven Condominium III, respondent.
Law Offices of Thomas J. Finn, Forest Hills (Thomas J. Finn of counsel), for Adam Plotch, respondent.
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about July 30, 2015, which, after a traverse hearing, denied defendant Janice I. Hidalgo Melendez's motion to vacate a default judgment of foreclosure and sale, unanimously affirmed, without costs.
We decline to disturb the hearing court's credibility-based determination that defendant's blanket denial of receipt of every document in this action failed to rebut the affidavits of service and testimony of plaintiff's process server (see Matter of de Sanchez, 57 A.D.3d 452, 870 N.Y.S.2d 24 [1st Dept.2008] ). Defendant's contentions that the hearing court improperly allocated the burden of proof and improperly admitted evidence are unpreserved, and we decline to reach them. Were we to reach these contentions, we would find them unavailing.
FRIEDMAN, J.P., MAZZARELLI, ANDRIAS, FEINMAN, GESMER, JJ., concur.