AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION, Respondent, v. RICHARD I. AYANRU, Appellant.

We affirm Supreme Court's denial of defendant's motion to vacate a default judgment entered against him on August 6, 1990. Defendant sought relief under CPLR 5015 (a) (4), alleging that "plaintiff filed false affidavits of service of some summons/complaint upon me". In opposition, plaintiff filed a proof of service showing that it effectuated service upon defendant under CPLR 308 (4). In light of this prima facie evidence of proper service, Supreme Court properly denied defendant's motion without a hearing since his conclusory denial of service was insufficient to raise an issue of fact (see, Manhattan Sav. Bank v. Kohen, 231 A.D.2d 499, lv denied 91 N.Y.2d 802; Sando Realty Corp. v. Aris, 209 A.D.2d 682; compare, New York State Higher Educ. Servs. Corp. v. Palmeri, 167 A.D.2d 797).

Cardona, P.J., Peters, Spain and Carpinello, JJ., concur.

Ordered that the order is affirmed, with costs.

Use AI to get other relevant cases.

Comments

STATE HIGHER EDUCATION SERV. CORP. v. AYANRU
(Apr 16, 1998)