Opinion
No. 570420/12.
2012-08-28
Robert L. LEWIS, Plaintiff–Respondent, v. Victor BAUER, Defendant–Appellant.
Defendant appeals from an order of the Civil Court of the City of New York, New York County (Arlene P. Bluth, J.), dated November 30, 2011, which denied his motion to vacate a default judgment.
Present: SHULMAN, J.P., HUNTER, JR., TORRES, JJ.
PER CURIAM.
Order (Arlene P. Bluth, J.), dated November 30, 2011, affirmed, with $10 costs.
The court properly found that defendant's conclusory allegations were insufficient to rebut plaintiff's prima facie showing of proper service. Defendant's denial of service did not controvert the veracity or content of the affidavit of service so as to require a traverse hearing ( see Wells Fargo Bank, NA v. Edwards, 95 AD3d 692 [2012] ). Nor was defendant entitled to relief from the 2007 default judgment pursuant to CPLR 5015[a][1] or CPLR 317, since he failed to establish a meritorious defense to the action ( see Rich Town Realty, Inc. v. Kim's Intern., Inc., 91 AD3d 563 [2012] ). In this regard, defendant's conclusory assertions that the amount sought in the complaint is incorrect and that he “may not have [been] credited all the payments that may have been made on the account” are insufficient in the absence of any evidentiary detail ( see Fekete v. Camp Skwere, 16 AD3d 544, 545 [2005] ) or documentation indicating that payments were made ( see National Recovery Sys. v. Weiss, 226 A.D.2d 289, 290 [1996] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.