Opinion
No. 2014–987 K C.
07-14-2015
PALISADES COLLECTION, LLC, Respondent, v. Chris K. CAMBRIDGE, Appellant.
Opinion
Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered April 30, 2013. The order denied defendant's motion to vacate a default judgment.
ORDERED that the order is affirmed, without costs.
In this action to recover the principal sum of $2,521.96 for breach of a credit card agreement and upon an account stated, defendant appeals from an order denying his motion to vacate a default judgment entered against him.
Defendant's conclusory denial of service in his moving papers was insufficient to rebut the prima facie proof of proper service set forth in the process server's affidavit of service (see CPLR 5015[a][4] ; Deutsche Bank Natl. Trust Co. v. Pietranico, 102 AD3d 724 [2013] ; ACT Props., LLC v. Garcia, 102 AD3d 712 [2013] ; Burekhovitch v. Tatarchuk, 99 AD3d 653 [2012] ; Citimortgage, Inc. v. Phillips, 82 AD3d 1032 [2011] ; Irwin Mtge. Corp. v. Devis, 72 AD3d 743 [2010] ; Carrenard v. Mass, 11 AD3d 501 [2004] ; LR Credit 22, LLC v. Monaghan, 38 Misc.3d 129[A], 2012 N.Y. Slip Op 52395[U] [App Term, 9th & 10th Jud Dists 2012] ). Moreover, defendant failed to establish either a reasonable excuse for his default under CPLR 5015(a)(1) or a lack of notice of the summons in time to defend under CPLR 317. In view of the foregoing, we need not determine whether defendant had a potentially meritorious defense (see Deutsche Bank Natl. Trust Co., 102 AD3d 724 ; ACT Props., LLC, 102 AD3d 712 ).
Accordingly, the order is affirmed.
PESCE, P.J., WESTON and SOLOMON, JJ., concur.