DEUTSCHE BANK NATIONAL TRUST CO. v. FERGUSON

5180. 382244/09.

156 A.D.3d 460 (2017)

64 N.Y.S.3d 887

2017 NY Slip Op 08633

DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellant, v. HANDEL S. FERGUSON, Respondent, et al., Defendants.

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

Decided December 12, 2017.


Defendant established his entitlement to vacatur of the judgment of foreclosure and sale by showing that he was not properly served with the summons and complaint in this action (CPLR 308 [2]) and that therefore the court lacked jurisdiction to render the judgment (CPLR 5015 [a] [4]). In opposition to plaintiff's prima facie showing of proper service, defendant raised an issue of fact as to the veracity of the affidavit with respect to personal delivery (see NYCTL 1998...

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