Grinshpun v. Borokhovich, 100 A.D.3d 551 (N.Y. App. Div. 1st Dep't 2012). · Go Syfert
Grinshpun v. Borokhovich, 100 A.D.3d 551 (N.Y. App. Div. 1st Dep't 2012). Cases Citing This Book View Copy Cite
36 citation events (36 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2013 → 2026 · click a year to view as-of
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At page 552 Denying motion to vacate default for insufficient service challenge8 citing cases“never received the summons and complaint”1 citing court quotes it · passage not found verbatim in the opinion (83%) · 7 listed here
  • New Century Fin. Servs., Inc. v. Rickenbacker, 2026 NY Slip Op 50222(U) (N.Y. App. Term. 2026).unpublished
    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 Bor…
  • Simply Funding LLC v. Gavin Mech. Servs. LLC, 2025 NY Slip Op 33678(U) (N.Y. Sup. Ct., Orange Cty. 2025).unpublished
    Inc., 126 A.D.3d 673, 674 (2d Dept. 2015) Grinshpun v. Borokhovich, 100 A.D.3d 551, 552 (1st Dept. 2012); Baer v. Lipson, 194 A.D.2d 787 (2d Dept. 1993).
  • Churchill Corp. Servs. v. Souyun Lee, 81 Misc. 3d 143(A) (N.Y. App. Term. 2024).unpublished 2 cites
    Bank v Huggins , 140 AD3d 858, 859 [2016]; Grinshpun v Borokhovich , 100 AD3d 551, 552 [2012], lv denied 21 NY3d 857 [2013]).
  • Hilton Check Cashing Corp. v. K. Thompson Foods LLC, No. 570709/23 (N.Y. App. Term. Nov. 17, 2023).unpublished
    Realty Corp. , 183 AD3d 413 [2020]; Grinshpun v Borokhovich , 100 AD3d 551, 552 [2012], lv denied 21 NY3d 857 [2013]).
  • NYCTL 2012-A Trust v. Colbert, 146 A.D.3d 482 (N.Y. App. Div. 1st Dep't 2017).published
    The affidavits of plaintiffs’ process server describing defendant as the person who accepted service of the summons, complaint, and notice of pendency, constituted prima facie evidence of proper service (see Grinshpun v Borokhovich, 100 AD…
  • JPMorgan Chase Bank v. Todd, 125 A.D.3d 933 (N.Y. App. Div. 2d Dep't 2015).published
    Todd were insufficient to rebut the presumption of proper service (see Grinshpun v Borokhovich, 100 AD3d 551, 552 [2012] ).
  • Pina v. Jobar U.S.A. LLC, 104 A.D.3d 544 (N.Y. App. Div. 1st Dep't 2013).published 2 cites
    However, this conclusory denial of receipt is insufficient to raise an issue of fact as to proper service in the face of plaintiffs submission of affidavits from a process server, which constitute prima facie evidence of proper service {se…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Aron Grinshpun
v.
Gennady Borokhovich, Also Known as Eugene Borokhovich
Appellate Division of the Supreme Court of the State of New York.
Nov 27, 2012.
Published opinion
100 A.D.3d 551
Cited by 7 opinions  |  Published

Judgment, Supreme Court, New York County (Jeffrey K. Oing, J.), entered November 9, 2011, awarding plaintiffs the principal sum of $2,162,104, and bringing up for review orders, same court and Justice, entered October 3, 2011, and December 23, 2011, which granted plaintiffs’ motion for a default judgment and which, to the extent appealed, denied defendant Borokhovich’s motion for renewal, unanimously affirmed, without costs. Appeals from the aforesaid orders, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

[*552] Judgment was properly awarded without an inquest since the amount sought was a “sum certain” (see Transit Graphics v Arco Distrib., 202 AD2d 241 [1st Dept 1994]). Further, although not raised by the parties, the argument that an inquest was required was not raised until defendant moved for renewal.

The challenge to service of process was properly denied without a traverse hearing. The affidavit of the process server constitutes prima facie evidence of proper service and the mere conclusory denial of receipt of service is insufficient to rebut the presumption that service was proper (see Matter of de Sanchez, 57 AD3d 452, 454 [1st Dept 2008]; NYCTL 1998-1 Trust & Bank of N.Y. v Rabinowitz, 7 AD3d 459, 460 [1st Dept 2004]). Defendant’s wife, who was alleged to have accepted receipt of the summons and complaint, failed to submit an affidavit denying receipt of service or a medical affidavit substantiating her claim that she was incapable of providing an affidavit on the initial motion.

The proposed answer verified by an attorney without personal knowledge of the facts was insufficient to set forth a meritorious defense warranting vacatur of the default (see Young v Richards, 26 AD3d 249, 250 [1st Dept 2006]). Defendant’s own brief conclusory statement submitted for the first time on renewal was also insufficient.

We have considered defendant’s additional arguments and find them unavailing. Concur — Friedman, J.E, Sweeny, Moskowitz, Freedman and Román, JJ.