Sardar v. Birra, 287 A.D.2d 446 (N.Y. App. Div. 2001). · Go Syfert
Sardar v. Birra, 287 A.D.2d 446 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Han v. Bark (nyappdiv, 2006-01-17)
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discussed Cited as authority (rule) Han v. Bark
N.Y. App. Div. · 2006 · confidence medium
The speculative and unsubstantiated claims of the defense counsel and the claims adjuster as to whether the defendant received service of process did not amount to a reasonable excuse for the default, given the affidavit of service indicating proper service under CPLR 308 (4) (see Sardar v Birra, 287 AD2d 446, 447 [2001]; see generally Platonov v Sciabarra, 305 AD2d 651 [2003]; Truscello v Olympia Constr., 294 AD2d 350, 351 [2002]).
Retrieving the full opinion text from the archive…
Jack Sardar
v.
Elizabeth Birra
Appellate Division of the Supreme Court of the State of New York.
Oct 1, 2001.
287 A.D.2d 446
2001 N.Y. App. Div. LEXIS 9209
Cited by 3 opinions  |  Published

—In an action for specific performance of a contract to sell real property, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Knipel, J.), dated January 16, 2001, as, in effect, denied her cross motion to vacate a judgment entered upon her failure to appear or answer.

Ordered that the order is affirmed insofar as appealed from, with costs.

To vacate a default judgment pursuant to CPLR 5015 (a), a defendant must demonstrate, inter alia, a reasonable excuse[*447] for the default. Although the defendant claimed that she was not properly served with process, she failed to offer any more than conclusory statements in opposition to the process server’s affidavit, which showed there was proper service under CPLR 308 (4). Under these circumstances, the Supreme Court properly denied the cross motion to vacate the default judgment without a hearing on the issue of service (see, Silverman v Deutsch, 283 AD2d 478; Schiller v Sun Rock Bldg. Corp., 260 AD2d 566; Friedman v Telesco, 253 AD2d 846; Genway Corp. v Elgut, 177 AD2d 467). Altman, J. P., Krausman, Florio and Cozier, JJ., concur.