COMMONWEALTH LAND TITLE INSURANCE COMPANY v. Yoel Weisshaus, Nonparty-Appellant. (2025)

Order, Supreme Court, New York County (David B. Cohen, J.), entered August 5, 2024, which denied nonparty Yoel Weisshaus's motion to vacate the default judgment against defendant Fay Farkas, unanimously affirmed, with costs.

The court providently exercised its discretion in denying Weisshaus's motion to vacate the default judgment against Farkas.  The verified complaint was sufficient to establish the facts constituting the claim (see Woodson v. Mendon Leasing Corp., 100 N.Y.2d 62, 70–71, 760 N.Y.S.2d 727, 790 N.E.2d 1156 [2003];  Bigio v. Gooding, 213 A.D.3d 480, 481, 184 N.Y.S.3d 314 [1st Dept. 2023]).  Moreover, the properly executed affidavit of service constituted prima facie evidence of proper service as to Farkas (see Bank of Am., N.A. v. Budhan, 171 A.D.3d 622, 622, 99 N.Y.S.3d 264 [1st Dept. 2019]).  Plaintiff's failure to file the affidavit of service with the clerk of the court within 20 days of service is a “mere irregularity” rather than a jurisdictional defect and does not render the service of process a “nullity” (see Reem Contr. v. Altschul & Altschul, 117 A.D.3d 583, 584, 986 N.Y.S.2d 446 [1st Dept. 2014];  General Ins. v. Leandre, 224 A.D.3d 427, 428, 206 N.Y.S.3d 2 [1st Dept. 2024]).  Service was deemed complete 10 days after plaintiff filed its motion for a default judgment with the affidavit of service (see Reem Contr. at 584, 986 N.Y.S.2d 446;  General Ins. at 428, 206 N.Y.S.3d 2).

We have considered Weisshaus's remaining arguments and find them unavailing.