Board of Managers of Harbor Pointe at Shorehaven Condominium III v. Melendez

2017 NY Slip Op 1274, 147 A.D.3d 555, 46 N.Y.S.3d 794

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 16, 2017
• Docket: 3115 260025/14
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about July 30, 2015, which, after a traverse hearing, denied defendant Janice I. Hidalgo Melendez’s motion to vacate a default judgment of foreclosure and sale, unanimously affirmed, without costs.

We decline to disturb the hearing court’s credibility-based determination that defendant’s blanket denial of receipt of every document in this action failed to rebut the affidavits of service and testimony of plaintiff’s process server (see Matter of de Sanchez, 57 AD3d 452 [1st Dept 2008]). Defendant’s contentions that the hearing court improperly allocated the burden of proof and improperly admitted evidence are unpreserved, and we decline to reach them. Were we to reach these contentions, we would find them unavailing.

Concur — Friedman, J.P., Maz-zarelli, Andrias, Feinman and Gesmer, JJ.