DEUTSCHE BANK NATIONAL TRUST COMPANY v. DIXON

2009-08583.

93 A.D.3d 630 (2012)

939 N.Y.S.2d 705

2012 NY Slip Op 1650

DEUTSCHE BANK NATIONAL TRUST COMPANY, Respondent, v. ELDON DIXON, Defendant, and PATRICK HOLLINGSWORTH, Appellant.

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

Decided March 6, 2012.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied, without a hearing, the motion of the defendant Patrick Hollingsworth (hereinafter the defendant) to vacate the underlying judgment of foreclosure and sale on the ground of lack of proper service of process. The defendant's conclusory denial of receipt of a copy of the summons and complaint was insufficient to rebut the presumption of proper service established by the affidavit of the...

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