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HMC ASSETS, LLC v. TRICK

Index No. 35614/15. Appeal No. 14568. Case Nos. 2019-2591, 2019-21111.

199 A.D.3d 454 (2021)

154 N.Y.S.3d 230

2021 NY Slip Op 06082

HMC Assets, LLC, in its Capacity as Separate Trustee of CAM XV Trust, Respondent, v. Robert Trick, Also Known as Robert T. Trick, Appellant, et al., Defendants.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Michael Kennedy Karlson , New York, for appellant.

Knuckles, Komosinski & Manfro, LLP, Elmsford ( John E. Brigandi , of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, Moulton, Scarpulla, JJ.

While parties moving for vacatur under CPLR 5015(a)(1) are required to show an excusable default and meritorious defense, this is not a requirement where, as here, a jurisdictional motion to vacate is made under CPLR 5015(a)(4) (Bank v Hudson Produce, Inc., 161 A.D.3d 573 [1st Dept 2018]).

Defendant's motion to vacate was properly denied because he failed to meet his burden of showing improper service or the court's lack...

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