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

NATIONAL RECOVERY SYSTEMS, as Assignee of BOULEVARD CASINO CORPORATION, N.V., Doing Business as CRYSTAL CASINO, Respondent, v. SHOLAM G. WEISS, Also Known as SHELDON WEISS, Appellant.

Defendant has not demonstrated a reasonable excuse for the default, since he has failed to raise any genuine dispute as to the fact that that he was properly served with the summons, notice of motion and affirmation ( see, Essex Credit Corp. v Tarantini Assocs., 179 A.D.2d 973). The affidavit of service states that the papers were served on a certain date at defendant's home address on a woman who identified herself as defendant's housekeeper. Defendant denies that his housekeeper was served, but does not substantiate his assertion that the actual appearance of his housekeeper differs from the description provided in the affidavit of service, does not deny that the name of the housekeeper mentioned in the affidavit is accurate, and fails to submit an affidavit from the housekeeper disputing that service was effected. Defendant also fails to advance a meritorious defense to the action. His vague assertion that any money he owed to plaintiff's assignor has been repaid is insufficient in light of his failure to submit any documentation indicating that payments were made. We have considered defendant's remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Ellerin, Wallach, Williams and Mazzarelli, JJ.

Use AI to get other relevant cases.

Comments

NATIONAL RECOVERY SYS. v. WEISS
(Apr 25, 1996)