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BANK OF N.Y. v. SAMUELS

2011-08228.

107 A.D.3d 653 (2013)

968 N.Y.S.2d 93

2013 NY Slip Op 3958

BANK OF NEW YORK, Respondent, v. ANDREA SAMUELS, Appellant, et al., Defendants.

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

Decided June 5, 2013.

Ordered that the order is affirmed, with costs.

Contrary to the appellant's contention, the Supreme Court properly denied, without a hearing, that branch of her motion which was pursuant to CPLR 5015 (a) (4) to vacate the judgment of foreclosure and sale. The process server's affidavits of service constituted prima facie evidence that the appellant was validly served pursuant to CPLR 308 (2) (see US Consults v APG, Inc., 82 A.D.3d 753

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