Bank of Am., N.A. v. Martin

Summary

The Appellate Division, Second Department affirmed the denial of Wilkie Martin's motion to vacate a foreclosure judgment, dismiss the complaint for lack of personal jurisdiction, and enjoin eviction proceedings. The court held that although the defendant was not required to show a reasonable excuse or meritorious defense when challenging jurisdiction, his allegations did not sufficiently rebut the process server's affidavit or warrant a hearing.

Holdings

1. A defendant seeking vacatur of a default under CPLR 5015(a)(4) on the ground of lack of personal jurisdiction is relieved of the ordinary requirements of showing a reasonable excuse and a meritorious defense.
2. A hearing is warranted only when the defendant's denial of service is substantiated by specific, detailed facts contradicting the process server's affidavit. Martin's allegations were insufficient to rebut the affidavit or require a hearing.

Questions Presented

1. Whether the Supreme Court improperly required Martin to establish a reasonable excuse for his default before addressing his claim that the court lacked personal jurisdiction.
2. Whether Martin's submissions rebutted the process server's affidavit and required a hearing to determine the validity of service.
3. Whether the judgment of foreclosure and sale should be vacated under CPLR 5015(a)(4).

Disposition

affirmed