3890-98 Broadway Assoc. LLC v Hiraldo

Holding The court affirmed the denial of the respondent’s motion to vacate a default judgment, finding that the process server’s affidavit established proper service and the respondent’s conclusory denial was insufficient to rebut the presumption. Additionally, the respondent failed to demonstrate a meritorious defense to the holdover proceeding after failing to vacate a temporary apartment following the repair of her original unit.

The court’s words

respondent's mere conclusory denial of receipt of service was insufficient to rebut the presumption that service was proper

2026 NY Slip Op 51746[U], at the official text

the petition, notice of petition and affidavit of service contain no error relative to the subject apartment number

2026 NY Slip Op 51746[U], at the official text

respondent has no excuse for the default and the motion to vacate should have been denied regardless of whether she has a meritorious defense

2026 NY Slip Op 51746[U], at the official text