Jesus M. Zeno, P.C. v Grullon

Holding The court affirmed the denial of the defendant’s motion to vacate the default judgment, finding that her bare denial of service was insufficient and that she waived the defense by filing a notice of appearance. The court modified the turnover order to exclude pension monies held in trust and real property located in the Dominican Republic, as these are exempt from turnover under CPLR 5225.

The court’s words

her bare denial of proper service is insufficient to challenge the sworn statements in the affidavit of service

2026 NY Slip Op 06552, at the official text

defendant waived her service defense by filing a notice of appearance in the action without first preserving the defense

2026 NY Slip Op 06552, at the official text

failure to lodge a timely and specific objection to the billing was insufficient to rebut any inference of an agreement

2026 NY Slip Op 06552, at the official text

CPLR 5205(c)(1) and (2) expressly exclude monies held in trust, including pensions, from those assets which may be applied to satisfy a judgment

2026 NY Slip Op 06552, at the official text

real property does not fall within the categories of property subject to turnover under CPLR 5225(a), which relates solely to personal property

2026 NY Slip Op 06552, at the official text