Opinion
No. 570797/12.
2012-11-14
WEST 187 STREET ASSOCIATES, Plaintiff v. Yobani ROJAS, Defendant–Respondent.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Nancy M. Bannon, J.), entered June 20, 2012, which granted defendant's motion to vacate a default judgment.
PRESENT: LOWE, III, P.J., SCHOENFELD, TORRES, JJ.
PER CURIAM.
Order (Nancy M. Bannon, J.), entered June 20, 2012, reversed, without costs, motion denied and default judgment reinstated.
No legal basis was shown by defendant or identified by the motion court for vacating the default judgment entered in July 2000. Despite the issuance of an income execution and the garnishment of defendant's wages as early as November 2000, defendant took no action to challenge the default judgment until June 2012, a delay which “evidenced a willingness to accede to the terms of the judgment” (Cooper v. Carlson, 130 A.D.2d 703 [19870). To the extent that defendant now raises a challenge to the court's personal jurisdiction over him, his conclusory denial that he was served in 2000 was insufficient to rebut the affidavit of service ( see Matter of de Sanchez, 57 AD3d 452, 454 [2008] ) and, in any event, his jurisdictional objection was waived by his payments under the wage garnishment order ( see Calderock Joint Ventures LP v. Mitiku, 45 AD3d 452 [2007] ).