Opinion
91106
Decided and Entered: February 27, 2003.
Appeal from an order of the County Court of Franklin County (Main Jr., J.), entered July 26, 2001, which denied defendant's motion to vacate a default judgment entered against him.
Livingston L. Hatch, Plattsburgh, for appellant.
Wilkins Griffin P.L.L.C., Lake Placid (John T. Wilkins of counsel), for respondent.
Before: Cardona P.J., Peters, Spain, Carpinello and Kane, JJ.
MEMORANDUM AND ORDER
In 1992, defendant leased a piece of heavy equipment from plaintiff for a specific monthly sum ($1,800 per month, plus tax). Alleging that defendant failed to pay the entire balance due for three particular months despite demand, plaintiff commenced this action to recover $3,913.50, plus interest. Defendant defaulted. Six years later, he moved to vacate the default judgment. Following a hearing at which defendant's principal excuse for the default was explored — defendant claimed that he was never personally served with a summons and complaint — County Court denied the motion, prompting this appeal. We now affirm.
Suffice it to say, a sharp factual dispute arose at the hearing concerning whether personal service had been effectuated on defendant. Defendant denied being personally served with a summons and complaint on the date and time attested to in the affidavit of service and in fact denied even being in Franklin County at that time. However, Gerald Jock, who was the undersheriff of the Franklin County Sheriff's Department at the time, unequivocally testified that he personally served defendant with process on November 15, 1993, as attested to in the affidavit of service. Indeed, Jock had a detailed and specific recollection of so doing and identified defendant in court as the person so served. County Court credited Jock's version of events over defendant's version, specifically noting Jock's lack of bias and interest in the matter and characterizing his testimony as "reliable and credible" in contrast to defendant's testimony, which was equivocal and "far less credible." Under these circumstances, we are amply satisfied that the court did not abuse its discretion in denying the motion on the ground that defendant failed to establish a reasonable excuse for the default (see CPLR 5015 [a] [1]). This being the case, the issue of whether defendant demonstrated a meritorious defense is academic (see Select Papers v. College Promotions Corp., 241 A.D.2d 675, 676, lv dismissed 91 N.Y.2d 956). Moreover, as a final matter, we are satisfied that the complaint sought a judgment for a sum certain such that an inquest was not necessary (see id.;City of Albany Indus. Dev. Agency v. Hampton Invs., 175 A.D.2d 466, 468; Malasky, Inc. v. Mayone, 54 A.D.2d 1059, 1060).
Cardona, P.J., Peters, Spain and Kane, JJ., concur.
ORDERED that the order is affirmed, with costs.