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ROSEBORO v. ROSEBORO

131 A.D.2d 557 (1987)

Essie Roseboro, Respondent, v. Archie Roseboro, Appellant, et al., Defendant. N&J Development, Ltd., Nonparty Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 8, 1987

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...

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