Rosen, Leff Attorneys v Goldman

[*1] Rosen, Leff Attorneys v Goldman 2004 NY Slip Op 50679(U) Decided on June 23, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 23, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-1298 N C

ROSEN, LEFF ATTORNEYS, Respondent,

against

ALIZA GOLDMAN, Appellant.

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.

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 [2002]; Sando Realty Corp. v
Aris, 209 AD2d 682 [1994]). 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 [1987]).

Decision Date: June 23, 2004