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COMM'RS OF THE STATE INS. FUND v. FISHER

197 A.D.2d 446 (1993)

604 N.Y.S.2d 706

Commissioners of the State Insurance Fund, Respondent, v. Joseph Fisher, Doing Business as Colony Realty Co., Appellant

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

October 21, 1993

We agree with the IAS Court that defendant has not shown any meritorious defenses warranting relief from the default judgment under CPLR 5015 (a) (1). We also agree with the IAS Court that defendant did not submit proof indicative of an irregularity in the affidavit of service of the summons and complaint sufficient to rebut the presumptive validity of the affidavit (compare, Grunberg v George Assocs.,

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