In moving to vacate the default judgment of foreclosure in this action six months after that judgment was entered and after the property was noticed for sale, defendant Coleman asserted that at the time of the purported personal service of the summons and complaint she was in South Carolina and that by the time she returned and found a mailed copy of the documents, it was too late to answer. Supreme Court found these assertions to be insufficient to rebut the process server's affidavit, but found Coleman had provided a valid reason for failing to serve a timely answer and had presented a potentially meritorious defense as well. Upon our reading of the record, defendant's assertions were sufficient to raise an issue of fact as to the validity of service, but utterly failed to offer any other excuse for the default. In these circumstances, there should be a traverse hearing, which will result either in dismissal of the complaint or denial of the motion to vacate the default judgment. Even if a party has a potentially meritorious defense, a default judgment should not be vacated if that party has stood by idly, willfully and persistently, while the action proceeded to judgment and enforcement proceeds. (See, Kahn v Stamp, 52 A.D.2d 748; 5 Weinstein-Korn-Miller, N Y Civ Prac ¶ 5015.04.)
Concur — Murphy, P.J., Carro, Ellerin and Asch, JJ.