The motion to vacate the judgment for non-service of process is made as a matter of right, and if no process had been served the judgment is absolutely void and must be vacated. (N. Y. City Mun. Ct. Code, § 129, subd. 1; also, see, Potenza v. Canto, 18 N.Y.S.2d 849, and cases there cited.) The burden is upon the defendant to establish that he was not served with process.
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