Practice point: The Appellate Division determined that the Supreme Court properly denied the motion to vacate the default pursuant to CPLR 5015(a)(4) for lack of personal
jurisdiction due to failure to serve process. Defendant's bare and
unsubstantiated denial of service was insufficient to rebut the
presumption of proper service established by the duly executed affidavit
of service of the plaintiff's process server, or even to require a
hearing.
Case: Bank of N.Y. v. Krausz, NY Slip Op 07285 (2d Dep't November 9, 2016)
Here is the decision.
Monday's issue: A non-jury trial for fraud based on a service agreement.
