Majority
Appeal from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered February 9, 2016. The order denied the motion of the defendants Lori Hoffmann, also known as Lori J. Hoffman, and Roy Hoffmann, inter alia, to vacate a judgment of foreclosure and sale entered upon their failure to answer the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the appellants’ motion, inter alia, to vacate a judgment of foreclosure and sale entered upon their failure to answer the complaint, without conducting a hearing to determine the validity of service of process. The process server’s affidavits constituted prima facie evidence of proper service, and the appellants’ allegations were insufficient to refute the contents of the affidavits (see Wells Fargo Bank, N.A. v Tricarico, 139 AD3d 722 [2016]; Citimortgage, Inc. v
In light of our determination that the appellants are not entitled to vacatur of their default, we need not reach their remaining contentions.
Rivera, J.P., Miller, Maltese and Connolly, JJ., concur.
Cases cited
- Wells Fargo Bank, N.A. v. Tricarico 139 AD3d 722 p. 699
- Citi Mortgage, Inc. v. Baser 137 AD3d 735 at 736 p. 700
- Indymac Federal Bank v. Hyman 74 AD3d 751 at 751-752 p. 700
- Chemical Bank v. Darnley 300 AD2d 613 p. 700
- Green Point Savings Bank v. Clark 253 AD2d 514 p. 700