Appellate Division of the Supreme Court of New York, 2001

Sardar v. Birra

Appellate Division of the Supreme Court of New York · Decided October 1, 2001

287 A.D.2d 446; 730 N.Y.S.2d 871; 2001 N.Y. App. Div. LEXIS 9209

Cases that cite this one

3 later published cases cite this decision.

Irwin Mortgage Corp. v. Devis (Appellate Division of the Supreme Court of New York 2010)
Han v. Bark (Appellate Division of the Supreme Court of New York 2006)
96 Pierrepont, LLC v. Mauro (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action for specific performance of a contract to sell real property, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Knipel, J.), dated January 16, 2001, as, in effect, denied her cross motion to vacate a judgment entered upon her failure to appear or answer.

Ordered that the order is affirmed insofar as appealed from, with costs.

To vacate a default judgment pursuant to CPLR 5015 (a), a defendant must demonstrate, inter alia, a reasonable excuse *447for the default. Although the defendant claimed that she was not properly served with process, she failed to offer any more than conclusory statements in opposition to the process server’s affidavit, which showed there was proper service under CPLR 308 (4). Under these circumstances, the Supreme Court properly denied the cross motion to vacate the default judgment without a hearing on the issue of service (see, Silverman v Deutsch, 283 AD2d 478; Schiller v Sun Rock Bldg. Corp., 260 AD2d 566; Friedman v Telesco, 253 AD2d 846; Genway Corp. v Elgut, 177 AD2d 467). Altman, J. P., Krausman, Florio and Cozier, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.