Opinion
June 8, 1987
Appeal from the Supreme Court, Queens County (Joy, J., Lonschein, J.).
Ordered that the order is affirmed, with costs.
Absent proper service of process, a default judgment is subject to vacatur at any time (see, McMullen v Arnone, 79 A.D.2d 496, 499). However, the appellant failed to raise a triable issue of fact requiring a hearing concerning his claim of improper service. The appellant's bare allegations that he did not receive and was not served with a summons and complaint "[are] insufficient to contest jurisdiction * * * 'since he [did] not contend that the method of substituted service was not proper'" (DeCapua v Morrissey, 60 A.D.2d 754, quoting from National Commercial Bank Trust Co. v Ross, 40 A.D.2d 1046), and there was uncontroverted evidence that he did receive a copy of the summons and complaint. Thus, vacatur of the default judgment based upon lack of jurisdiction was not warranted (see, CPLR 5015 [a] [4]).
Further, the appellant failed to show a reasonable excuse for his default. Therefore, denial of his motion was proper, even though he may have had a meritorious defense with respect to the disposition of the proceeds of the sale (see, CPLR 5015 [a] [1]; Cavalla v Ernest F. Elliot, Inc., 86 A.D.2d 884).
The other contentions raised by the appellant are either not preserved for our review or without merit. Mollen, P.J., Bracken, Niehoff and Lawrence, JJ., concur.