The Appellate Division affirmed denial of the motion to vacate the default judgment, rejecting the argument based on CPLR 5015(a)(1). Defendant's opinion that he had not been properly served, and, therefore, was free to ignore the suit, a copy of which he received in the mail, was not reasonable.
Practice point: A defendant's conclusory denials that service did not occur are insufficient
to rebut the presumption of service as detailed in the affidavit of
service. Neither are they sufficient to warrant a traverse hearing.
Case: Colebrooke Theat. LLP v. Bibeau, NY Slip Op 08441 (1st Dep't November 30, 2017)
Here is the decision.
