Opinion
5082 Index 651440/14
11-30-2017
COLEBROOKE THEATRICAL LLP, Plaintiff–Respondent, v. Stephane BIBEAU, et al., Defendants–Appellants, Jean–Francois Rodrigue, Defendant.
Mangan Ginsberg LLP, New York (Michael P. Mangan of counsel), for appellants.
Mangan Ginsberg LLP, New York (Michael P. Mangan of counsel), for appellants.
Renwick, J.P., Manzanet–Daniels, Mazzarelli, Kahn, Moulton, JJ.
Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered on or about August 8, 2016, which to the extent appealed from, denied the motion of defendants to vacate the default judgment as against Stephane Bibeau and C3 Global Capital HK Limited (C3 Global), unanimously affirmed, with costs.
Bibeau's conclusory denials that service did not occur are insufficient to rebut the presumption of service as detailed in the affidavit of service (see Marston v. Cole, 147 A.D.3d 678, 680, 48 N.Y.S.3d 116 [1st Dept.2017] ; Trini Realty Corp. v. Fulton Ctr. LLC, 53 A.D.3d 479, 861 N.Y.S.2d 743 [2d Dept.2008] ; Colon v. Beekman Downtown Hosp., 111 A.D.2d 841, 490 N.Y.S.2d 581 [2d Dept.1985] ). Nor are they sufficient to require a traverse hearing (see Reem Contr. v. Altschul & Altschul, 117 A.D.3d 583, 584, 986 N.Y.S.2d 446 [1st Dept.2014] ). C3 Global was also validly served, pursuant to the Hague Convention and Hong Kong Rules, at its registered office, an office it may not have occupied on the date of service, but nonetheless used (Hague Convention, Declaration of Hong Kong, Article 5[1][a] ).
Defendants' arguments pursuant to CPLR 5015(a)(1) are also without merit. Bibeau's opinion that he had not been properly served, and was thus free to ignore the suit, a copy of which he received in the mail, was not reasonable (see Yao Ping Tang v. Grand Estate, LLC, 77 A.D.3d 822, 823, 910 N.Y.S.2d 104 [2d Dept.2010] ). In any event, neither Bibeau, nor C3 Global, presented a meritorious defense to this breach of contract action.