Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05570
Wilmington Savings Fund Society, FSB v Bryant
Read the official decision: 2026 NY Slip Op 05570
Holding The Appellate Division reversed the lower court’s determination that the defendant rebutted the presumption of proper service, finding her affidavit insufficient to contradict the process server’s specific allegations. Consequently, the court denied the defendant’s motion to vacate the default judgment and foreclosure order, and denied the plaintiff’s cross-motion to extend service as academic.
The court’s words
the defendant generally denied receipt of service but failed to specifically address the alleged service at the premises on July 24, 2010
2026 NY Slip Op 05570, at the official text
the evidence submitted failed to establish that she was not at the premises at the time of service
2026 NY Slip Op 05570, at the official text
the defendant was not entitled to vacatur of the order of reference and the order and judgment of foreclosure and sale
2026 NY Slip Op 05570, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05570 |
| Area of law | Civil Procedure |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05570 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 745 |
Recommended citation
ESQ HQ, New York Law Watch, Wilmington Savings Fund Society, FSB v Bryant, 2026 NY Slip Op 05570 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05570/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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