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NEW YORK STATE HIGHER EDUC. SERVS. CORP. v. AYANRU

249 A.D.2d 701 (1998)

670 N.Y.S.2d 371

New York State Higher Education Services Corporation, Respondent, v. Richard I. Ayanru, Appellant

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

April 16, 1998

White, J.

We affirm Supreme Court's denial of defendant's motion to vacate a default judgment entered against him on August 6, 1990. Defendant sought relief under CPLR 5015 (a) (4), alleging that "plaintiff filed false affidavits of service of some summons/complaint upon me". In opposition, plaintiff filed a proof of service showing that it effectuated service upon defendant under CPLR 308 (4). In light of this prima facie evidence of proper service,...

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