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SARDAR v. BIRRA

287 A.D.2d 446 (2001)

730 N.Y.S.2d 871

JACK SARDAR et al., Respondents, v. ELIZABETH BIRRA, Appellant.

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

Decided October 1, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

To vacate a default judgment pursuant to CPLR 5015 (a), a defendant must demonstrate, inter alia, a reasonable excuse for the default. Although the defendant claimed that she was not properly served with process, she failed to offer any more than conclusory statements in opposition to the process server's affidavit, which showed there was proper...

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