U.S. Equities Corp. v. Gregory

Appellate Terms of the Supreme Court of New York

U.S. Equities Corp. v. Gregory

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 24, 2019

Docket2019 NYSlipOp 51719(U)

StatusPublished

This text of U.S. Equities Corp. v. Gregory (U.S. Equities Corp. v. Gregory) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

U.S. Equities Corp. v. Gregory, (N.Y. Ct. App. 2019).

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Opinion

U.S. Equities Corp., Plaintiff-Appellant,

against

Lloydon E. Gregory, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Bianka Perez, J.), entered May 9, 2019, which granted defendant's motion to vacate a default judgment and dismiss the action to the extent of setting the matter down for a traverse hearing.

Per Curiam.

Order (Bianka Perez, J.), entered May 9, 2019, affirmed, without costs.

Defendant's sworn affidavit disputing that he had a "co-tenant" or anyone living in the apartment matching the description of the person served, was sufficient to rebut the presumption of proper service and require a traverse hearing (see NYCTL 1998-1 Trust & Bank of NY v Rabinowitz, 7 AD3d 459, 460 [2004]; Midland Funding LLC v Hernandez, 64 Misc 3d 129[A], 2019 NY Slip Op 51029[U] [App Term, 1st Dept 2019]; cf. Reliable Abstract Co., LLC v 45 John Lofts, LLC, 152 AD3d 429 [2017], lv dismissed 30 NY3d 1056 [2018]).

Contrary to plaintiff's contention, there is no competent proof in the record evidencing that defendant willingly acceded to the terms of the judgment.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur
Decision Date: October 24, 2019

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U.S. Equities Corp., Plaintiff-Appellant,

against

Lloydon E. Gregory, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Bianka Perez, J.), entered May 9, 2019, which granted defendant's motion to vacate a default judgment and dismiss the action to the extent of setting the matter down for a traverse hearing.

Per Curiam.

Order (Bianka Perez, J.), entered May 9, 2019, affirmed, without costs.

Defendant's sworn affidavit disputing that he had a "co-tenant" or anyone living in the apartment matching the description of the person served, was sufficient to rebut the presumption of proper service and require a traverse hearing (see NYCTL 1998-1 Trust & Bank of NY v Rabinowitz, 7 AD3d 459, 460 [2004]; Midland Funding LLC v Hernandez, 64 Misc 3d 129[A], 2019 NY Slip Op 51029[U] [App Term, 1st Dept 2019]; cf. Reliable Abstract Co., LLC v 45 John Lofts, LLC, 152 AD3d 429 [2017], lv dismissed 30 NY3d 1056 [2018]).

Contrary to plaintiff's contention, there is no competent proof in the record evidencing that defendant willingly acceded to the terms of the judgment.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur
Decision Date: October 24, 2019

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U.S. Equities Corp. v. Gregory, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-equities-corp-v-gregory-nyappterm-2019.

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