Nouveau Elevator Industries, LLC v Eli Inzlicht Sprei

Holding The Appellate Division affirmed the denial of the defendant’s motion to vacate a default judgment, finding that the process server’s affidavit established a presumption of proper service that the defendant failed to rebut. Additionally, the defendant did not demonstrate a reasonable excuse for his default, rendering it unnecessary to consider whether he had a meritorious defense.

The court’s words

A mere conclusory denial of service is insufficient to rebut the presumption of proper service arising from the process server's affidavit

2026 NY Slip Op 05189, at the official text

A defendant seeking to vacate a default in answering or appearing upon the ground of excusable default must demonstrate a reasonable excuse for the default and a potentially meritorious defense to the action

2026 NY Slip Op 05189, at the official text

Since the defendant failed to establish a reasonable excuse for his default, it is unnecessary to consider whether he had a meritorious defense to the action

2026 NY Slip Op 05189, at the official text