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HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK v. BROWN

13 A.D.3d 340 (2004)

785 N.Y.S.2d 742

HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK, Respondent, v. LEO S. BROWN, Also Known as LEON S. BROWN, et al., Appellants.

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

December 6, 2004.

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

A judgment of foreclosure and sale was entered against the defendants upon their default in answering the complaint. The defendants moved to vacate the judgment asserting a lack of jurisdiction due to improper service of process. However, the defendants failed to rebut the prima facie evidence of proper service created by the affidavit of the plaintiff...

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