The Appellate Division reversed the Order which denied defendant's motion to vacate the default judgment or to dismiss the action, and granted the motion to the extent of remanding the matter for a traverse hearing to determine whether the court had jurisdiction to render the default judgment. Defendant's sworn, nonconclusory statement and documentary evidence that the apartment at which he allegedly was served was not his actual dwelling place or usual place of abode raised an issue of fact as to whether plaintiff validly served him with process pursuant to CPLR 308(2). Accordingly, a traverse hearing should be held to determine whether defendant is entitled to relief from the judgment pursuant to CPLR 5015(a)(4).
U.S. Bank N.A. v. Abu, NY Slip Op 02480 (1st Dep't April 22, 2021)
