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U.S. BANK NATIONAL ASSOCIATION v. TATE

2011-04399.

102 A.D.3d 859 (2013)

958 N.Y.S.2d 722

2013 NY Slip Op 326

U.S. BANK NATIONAL ASSOCIATION, Respondent, v. McHAEL TATE, Appellant.

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

Decided January 23, 2013.

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

The Supreme Court properly denied those branches of the defendant's motion which were pursuant to CPLR 5015 (a) (3) and (4) to vacate a judgment of foreclosure and sale that was entered upon his default in appearing or answering the complaint. The process server's affidavit of service constituted prima facie evidence of proper service of the summons and complaint pursuant to CPLR 308 (2) and...

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