CITIMORTGAGE, INC. v. BUSTAMANTE

2012-04709, (Index No. 12175/09)

107 A.D.3d 752 (2013)

968 N.Y.S.2d 513

2013 NY Slip Op 4304

CITIMORTGAGE, INC., Respondent, v. VICTOR BUSTAMANTE, Appellant, et al., Defendants.

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

Decided June 12, 2013.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion pursuant to CPLR 5015 (a) (1), (3) and (4) to vacate a judgment of foreclosure and sale that was entered upon his default in appearing or answering the complaint. As to that branch of the appellant's motion which was pursuant to CPLR 5015 (a) (4), the process server's affidavit of service constituted prima facie evidence of service of the summons and complaint...

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