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STURINO v. NINO TRIPICCHIO & SON LANDSCAPING

65 A.D.3d 1327 (2009)

885 N.Y.S.2d 625

RAYMOND STURINO, Respondent, v. NINO TRIPICCHIO & SON LANDSCAPING et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 29, 2009.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the defendants' motion which was, in effect, pursuant to CPLR 5015 (a) (4) to vacate a clerk's judgment entered upon their default in appearing or answering the complaint. The process server's affidavits of service constituted prima facie evidence of proper service pursuant to CPLR 308 (4) (see Mortgage Elec. Registration Sys., Inc. v...

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