Opinion
May 6, 1996
Appeal from the Supreme Court, Rockland County (Miller, J.).
Ordered that the order is affirmed, with costs.
The defendant established that she had timely served her answer to the plaintiff's complaint. Thus, the court properly granted the defendant's motion to vacate the order granting the plaintiff's motion for a default judgment. The plaintiff's mere denial of receipt of the answer failed to rebut the presumption of proper mailing ( see, Morgan v. Long Beach Entertainment Complex, 125 A.D.2d 378; Engel v. Lichterman, 62 N.Y.2d 943). Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.