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ASTRAEA NYNY LLC v. GANLEY

Index No. 650082/21. Appeal No. 17563. Case No. 2022-01390.

214 A.D.3d 528 (2023)

186 N.Y.S.3d 162

2023 NY Slip Op 01472

Astraea NYNY LLC, Respondent, v. Declan Ganley, Appellant.

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

Decided March 21, 2023.

Attorney(s) appearing for the Case

Schulte Roth & Zabel LLP, New York ( Douglas S. Mintz of counsel), for appellant.

Tarter Krinsky & Drogin LLP, New York ( Richard C. Schoenstein of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Singh, Kennedy, Shulman, JJ.

Order, Supreme Court, New York County (Jennifer Schecter, J.), entered March 9, 2022, which denied defendant's motion to vacate the default judgment against him, unanimously affirmed, without costs.

Supreme Court providently found that jurisdiction was obtained over defendant by proper service of the summons and complaint, and that that he was not entitled to vacatur pursuant to CPLR 5015(a)(4). Defendant's conclusory denial that he was not served as alleged in the...

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