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U.S. BANK N.A. v. MARTINEZ

1215N, 380626/12.

139 A.D.3d 548 (2016)

34 N.Y.S.3d 3

2016 NY Slip Op 03981

U.S. BANK NATIONAL ASSOCIATION, as Trustee for WAMU MORTGAGE PASS THROUGH CERTIFICATE FOR WMALT SERIES 2007-2 TRUST, Respondent, v. JACOBO MARTINEZ et al., Defendants, and WANYS MARTINEZ, Appellant.

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

Decided May 19, 2016.

The motion court properly found that jurisdiction, in this mortgage foreclosure action, had been obtained over defendant Wanys Martinez and thus she had not established entitlement to vacatur pursuant to CPLR 5015 (a) (4). Defendant's conclusory denial of service failed to rebut the presumption of service created by the process server's properly executed affidavit (see Matter of de Sanchez, 57 A.D.3d 452, 454 [1st Dept 2008]), which...

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