Opinion
01-03-2017
Rachel GOURVITCH, Plaintiff–Respondent, v. 92ND AND 3RD REST CORP., Defendant–Appellant, Bist Realtors, LLC, Defendant.
White & McSpedon, P.C., New York (Joseph W. Sands of counsel), for appellant. The Schlitt Law Firm, Huntington, New York (Carol L. Schlitt of counsel), for respondent.
White & McSpedon, P.C., New York (Joseph W. Sands of counsel), for appellant.
The Schlitt Law Firm, Huntington, New York (Carol L. Schlitt of counsel), for respondent.
SAXE, J.P., MOSKOWITZ, GISCHE, KAHN, GESMER, JJ.
Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered April 15, 2016, which denied the motion of defendant 92nd and 3rd Rest Corp. to vacate the default judgment entered against it, unanimously affirmed, without costs.
Plaintiff's noncompliance with the "additional service" requirement of CPLR 3215(g)(4)(i) does not warrant vacatur of the default judgment absent a showing of a reasonable excuse for the default and a meritorious defense (see CPLR 5015[a][1] ; Lopez v. Trucking & Stratford, 299 A.D.2d 187, 749 N.Y.S.2d 524 [1st Dept.2002] ; Mauro v. 1896 Stillwell Ave., Inc., 39 A.D.3d 506, 833 N.Y.S.2d 206 [2d Dept.2007] ). The motion court properly denied vacatur on the ground that 92nd and 3rd Rest Corp.'s conclusory denial of receipt of the summons and complaint was insufficient to rebut the presumption of service created by the affidavit of service reflecting service through the Secretary of State (see Gonzalez v. City of New York, 106 A.D.3d 436, 965 N.Y.S.2d 46 [1st Dept.2013] ; Kolonkowski v. Daily News, L.P., 94 A.D.3d 704, 941 N.Y.S.2d 663 [2d Dept.2012] ).
We have considered 92nd and 3rd Rest Corp.'s remaining arguments and find them unavailing.