Opinion
No. 2013–2472 W C.
08-03-2015
PETRO, INC., Respondent, August 3, 2015 v. Ian ORR, Appellant.
Opinion
Appeal from an order of the City Court of White Plains, Westchester County (JoAnn Friia, J.), entered August 21, 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 for breach of an “agreement for delivery of oil and/or maintenance,” and based on an account stated, a default judgment was entered upon defendant's failure to appear or answer. In support of a motion to vacate the default judgment, defendant alleged that he had not been served. The City Court denied defendant's motion.
Defendant's bald assertion that he “was not served with a summons and complaint” was insufficient to rebut the presumption of proper service raised by the affidavit of service (see CPLR 5015[a]4; Abdelqader v. Abdelqader, 120 AD3d 1275, 1276 2014 ). Additionally, defendant's bare bones claim that he did not receive service was insufficient to establish an excusable default (see CPLR 5015[a]1 ) or that he “did not personally receive notice of the summons in time to defend” the action (CPLR 317; see Carrenard v. Mass, 11 AD3d 501 2004 ).
Accordingly, the order is affirmed.
IANNACCI, J.P., TOLBERT and CONNOLLY, JJ., concur.