Opinion
2012-11-8
Hugo PERILLA, etc., et al., Plaintiffs–Respondents, v. Paquita CARCHI, Defendant–Appellant.
Daniel Padernacht, Bronx, for appellant. Thomas Torto, New York, for respondents.
Daniel Padernacht, Bronx, for appellant. Thomas Torto, New York, for respondents.
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered January 26, 2012, which, in this personal injury action, denied defendant's motion to vacate a prior default judgment on the ground of lack of jurisdiction, unanimously affirmed, without costs.
Defendant's affidavit submitted some 8 years after the default by defendant failed to rebut the presumption of proper service created by the affidavit of service submitted by plaintiffs ( see Wells Fargo Bank, NA v. Edwards, 95 A.D.3d 692, 945 N.Y.S.2d 44 [1st Dept. 2012]; Matter of de Sanchez, 57 A.D.3d 452, 454, 870 N.Y.S.2d 24 [1st Dept. 2008] ). The portion of defendant's affidavit that purported to dispute that personal service had been made upon a person of suitable age and discretion at defendant's actual place of business was conclusory and not specific enough to warrant a traverse hearing ( see Sanchez, 57 A.D.3d at 454, 870 N.Y.S.2d 24). Furthermore, defendant's affidavit failed to address, let alone dispute, that the pleadings had been mailed to her residence ( cf. NYCTL 1998–1 Trust & Bank of N.Y. v. Rabinowitz, 7 A.D.3d 459, 460, 777 N.Y.S.2d 483 [1st Dept. 2004] ).