Opinion
Submitted April 25, 2001.
May 14, 2001.
In an action, inter alia, to recover damages for unjust enrichment and conversion, the defendant Libby Deutsch appeals from an order of the Supreme Court, Rockland County (Meehan, J.), dated May 31, 2000, which denied her motion to vacate a judgment of the same court, entered February 22, 2000, entered upon an order of the same court, dated November 9, 1999, granting the plaintiff's unopposed motion to strike the defendants' answer for failure to proceed with discovery.
Michael A. Koplen, Chestnut Ridge, N.Y., for appellant.
Michael L. Macklowitz, New York, N.Y., for respondent.
Before: RITTER, J.P., ALTMAN, McGINITY, SMITH and COZIER, JJ.
ORDERED that the order is affirmed, with costs.
To vacate a default judgment pursuant to CPLR 5015(a), a defendant must demonstrate a reasonable excuse for the default and a meritorious defense (see, Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, 70 N.Y.2d 831; 49 N.Y.2d 594; Wynne v. Wagner, 262 A.D.2d 556). The appellant claimed that she did not receive actual notice of the action until after the entry of judgment. However, the appellant was properly served pursuant to CPLR 308(2) (see, Wieck v. Halpern, 255 A.D.2d 438; Simmons First Natl. Bank v. Mandracchia, 248 A.D.2d 375), and she failed to allege specific facts to rebut the statements in the process server's affidavit (cf., European Am. Bank v. Abramoff, 201 A.D.2d 611). Thus, the Supreme Court properly denied the appellant's motion to vacate the default.