Hillside Manor Rehabilitation and Extended Care Center, LLC v. Maynard

Summary

The Appellate Division, Second Department, affirmed an order denying the defendant's motion to vacate a default judgment entered in favor of a nursing home for unpaid services. The court held that the process server's affidavit established prima facie evidence of proper service, and that the defendant's alleged discrepancies and denial were insufficient to require a hearing. The defendant also failed to demonstrate fraud, mistake, inadvertence, surprise, or excusable neglect warranting vacatur in the interests of substantial justice.

Holdings

1. The judgment was not subject to vacatur for lack of jurisdiction because the process server's affidavit constituted prima facie evidence of proper service under CPLR 308, and the defendant failed to rebut that evidence with specific sworn facts or establish discrepancies sufficient to require an evidentiary hearing.
2. Vacatur was not warranted in the interests of substantial justice because the defendant failed to provide evidence of fraud, mistake, inadvertence, surprise, or excusable neglect.

Questions Presented

1. Whether the default judgment should be vacated under CPLR 5015(a)(4) for lack of personal jurisdiction because service of process was allegedly defective.
2. Whether the defendant demonstrated fraud, mistake, inadvertence, surprise, or excusable neglect warranting vacatur of the judgment in the interests of substantial justice.

Disposition

affirmed