GREEN POINT SAV. BANK v. CLARK


253 A.D.2d 514 (1998)

676 N.Y.S.2d 874

Green Point Savings Bank, Respondent, v. Dennis G. Clark et al., Defendants and Sandi Clark, Appellant

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

August 24, 1998


Ordered that the order is affirmed, with costs.

The Supreme Court did not err in denying the motion by the appellant Sandi Clark to vacate the judgment of foreclosure and sale entered upon her default in answering without holding a hearing to determine the validity of service of process. The affidavit of the process server constituted prima facie evidence of proper service pursuant to CPLR 308 (1), and the appellant's allegations were insufficient to refute its contents...

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