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SILVERMAN v. DEUTSCH

Appellate Division of the Supreme Court of New York, Second Department.
May 14, 2001
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ORDERED that the order is affirmed, with costs.

To vacate a default judgment pursuant to CPLR 5015(a), a defendant must demonstrate a reasonable excuse for the default and a meritorious defense (see, Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, 70 N.Y.2d 831; 49 N.Y.2d 594; Wynne v. Wagner, 262 A.D.2d 556). The appellant claimed that she did not receive actual notice of the action until after the entry of judgment. However, the appellant was properly served pursuant to CPLR 308(2) (see, Wieck v. Halpern, 255 A.D.2d 438; Simmons First Natl. Bank v. Mandracchia, 248 A.D.2d 375), and she failed to allege specific facts to rebut the statements in the process server's affidavit (cf., European Am. Bank v. Abramoff, 201 A.D.2d 611). Thus, the Supreme Court properly denied the appellant's motion to vacate the default.