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UNIFUND CCR, LLC v. VALVIS

2020-07967. Index No. 700348/13.

207 A.D.3d 594 (2022)

169 N.Y.S.3d 835

2022 NY Slip Op 04577

Unifund CCR, LLC, Respondent, v. Adonis Valvis, Appellant.

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

Decided July 13, 2022.

Attorney(s) appearing for the Case

Richard A. Solomon, Esq., LLP (Sweetbaum & Sweetbaum, Lake Success, NY [ Joel A. Sweetbaum ], of counsel), for appellant.

Mullooly, Jeffrey, Rooney & Flynn LLP, Syosset, NY ( Gillian Brown of counsel), for respondent.

Barros, J.P., Connolly, Christopher and Genovesi, JJ., concur.

Ordered that the order is affirmed, with costs.

The defendant moved to vacate a judgment entered upon his failure to appear or answer the complaint, contending, inter alia, that he was not served with the summons and complaint. In an order entered October 2, 2020, the Supreme Court denied the motion, finding that the defendant's affidavit failed to controvert the process server's affidavit of service. The defendant appeals.

"A process server's affidavit of...

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