NEW CENTURY FINANCIAL SERVICES INC v. RICKENBACKER (2026)

Order (Diomarys Escano-Bell, J.), entered March 21, 2025, affirmed, without costs.

Civil Court properly denied defendant's motion to vacate the default judgment for lack of personal jurisdiction (see CPLR 5015 [a] [4]). Defendant's affidavit submitted more than 16 years after the entry of the judgment failed to rebut the presumption of proper service created by the affidavit of the process server (see Perilla v Carchi, 100 AD3d 429, 430 [2012]). Defendant's conclusory assertions that she “never received the summons and complaint” or that she “could not recall” receiving any other documents related to this matter were insufficient to warrant a traverse hearing (see Grinshpun v Borokhovich, 100 AD3d 551, 552 [2012], lv denied 21 NY3d 857 [2013]).

Nor was defendant entitled to vacatur pursuant to CPLR 5015 (a) (1). Inasmuch as the only excuse offered is the meritless improper service argument, defendant has no excuse for the default and the motion to vacate was properly denied regardless of whether she has a meritorious defense (see Citibank, N.A. v K.L.P. Sportwear, Inc., 144 AD3d 475, 476-477 [2016]; Time Warner City Cable v Tri State Auto, 5 AD3d 153, 153 [2004], lv dismissed 3 NY3d 656 [2004]). In any event, defendant failed to state a meritorious defense to the action.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.