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SAN LIM v. MTA BUS COMPANY

153702/18. Appeal No. 12835-12836-12836A. Case No. 2019-918. 2020-01420.

190 A.D.3d 493 (2021)

140 N.Y.S.3d 213

2021 NY Slip Op 00121

San Lim, Respondent, v. MTA Bus Company, Appellant, et al., Defendant.

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

Decided January 12, 2021.

Attorney(s) appearing for the Case

Armienti, DeBellis & Rhoden, LLP, New York ( Vanessa M. Corchia of counsel), for appellant.

Friedman, Levy, Goldfarb & Green P.C., New York ( Michael Ricchiuto of counsel), for respondent.

Concur— Renwick, J.P., Kern, Mazzarelli, Kennedy, Shulman, JJ.

Supreme Court did not err in denying the MTA's motion to vacate the default judgment entered against Tobin for lack of jurisdiction pursuant to CPLR 5015(a)(4) and 3211(a)(8). Plaintiff submitted a properly executed affidavit of service, which is prima facie evidence of proper service upon Tobin at his actual place of business pursuant to CPLR 308(2) (see Rivera v Banks, 135 A.D.3d 621, 622 [1st Dept 2016]). The MTA's conclusory...

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