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ARGENT MORTGAGE COMPANY, LLC v. VLAHOS

2008-08640.

66 A.D.3d 721 (2009)

887 N.Y.S.2d 225

2009 NY Slip Op 7365

ARGENT MORTGAGE COMPANY, LLC, Respondent, v. CHRISTOPHER J. VLAHOS, Appellant, et al., Defendants.

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

Decided October 13, 2009.

Ordered that the order is affirmed, with costs.

The appellant's motion pursuant to CPLR 5015 (a) (4) to vacate the judgment of foreclosure and sale, entered against him upon his default in appearing or answering, was properly denied. Contrary to the appellant's contention, the affidavit of the plaintiff's process server constituted prima facie evidence of proper service pursuant to CPLR 308 (4) (see 425 E. 26th St. Owners Corp. v Beaton, 50...

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