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Rosen v. Goldman

Appellate Term of the Supreme Court of New York, Second Department
Jun 23, 2004
2004 N.Y. Slip Op. 50679 (N.Y. App. Term 2004)

Opinion

2003-1298 NC.

Decided June 23, 2004.

Appeal by defendant from an order of the District Court, Nassau County (M. Massell, J.), dated July 8, 2003, denying her motion to vacate the default judgment.

Order unanimously affirmed without costs.

PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.


Upon a review of the record, we find that a traverse hearing was not required inasmuch as the process server's affidavit constituted prima facie evidence of proper service and defendant's conclusory denial of receipt of the summons and complaint was insufficient to raise any issue of fact ( see Truscello v. Olympia Constr., 294 AD2d 350; Sando Realty Corp. v. Aris, 209 AD2d 682). Accordingly, defendant failed to establish a reasonable excuse for her default and the court below properly denied her motion to vacate the default judgment ( see Roseboro v. Roseboro, 131 AD2d 557).


Summaries of

Rosen v. Goldman

Appellate Term of the Supreme Court of New York, Second Department
Jun 23, 2004
2004 N.Y. Slip Op. 50679 (N.Y. App. Term 2004)
Case details for

Rosen v. Goldman

Case Details

Full title:ROSEN, LEFF ATTORNEYS, Respondent, v. ALIZA GOLDMAN, Appellant

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Jun 23, 2004

Citations

2004 N.Y. Slip Op. 50679 (N.Y. App. Term 2004)