AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

INDYMAC FEDERAL BANK, FSB, Respondent, v. JEFFREY HYMAN et al., Appellants, et al., Defendants.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly denied the appellants' motion, inter alia, to vacate the judgment of foreclosure and sale entered upon their default in answering without conducting a hearing to determine the validity of service of process. The process server's affidavits constituted prima facie evidence of proper service, and the appellants' allegations were insufficient to refute the contents of the affidavits ( see Beneficial Homeowner Serv. Corp. v Girault, 60 AD3d 984; Wells Fargo Bank, N.A. v McGloster, 48 AD3d 457, 458; NYCTL 1997-1 Trust v Nillas, 288 AD2d 279; Green Point Sav. Bank v Clark, 253 AD2d 514; Simmons First Natl. Bank v Mandracchia, 248 AD2d 375). The claimed discrepancies between the appearance of the appellant Jeffrey Hyman and the description in the process server's affidavits were minor and insufficiently substantiated to warrant a hearing ( see Wells Fargo Bank, NA. v McGloster, 48 AD3d at 458; NYCTL 1997-1 Trust v Nillas, 288 AD2d at 279; Green Point Sav. Bank v Clark, 253 AD2d at 515; Simmons First Natl. Bank v Mandracchia,

Use AI to get other relevant cases.

Comments

INDYMAC FEDERAL BANK, FSB v. JEFFREY HYMAN
(Jun 1, 2010)