| Crown Asset Mgt., LLC v Ferreri |
| 2015 NY Slip Op 51064(U) |
| Decided on July 7, 2015 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the District Court of Suffolk County, First District (Vincent J. Martorana, J.), entered June 27, 2014. The order denied defendant's motion to vacate a default judgment.
ORDERED that the order is affirmed, without costs.
In this action to recover for breach of a credit card agreement and based upon an account stated, a default judgment was entered against defendant on August 18, 2008 in the principal sum of $8,661.93. Defendant moved to vacate the default judgment, alleging, among other things, that he had not been served. In opposition to the motion, plaintiff submitted the process server's affidavit of service as prima facie evidence of proper service. The District Court denied the motion.
On appeal, defendant has abandoned his previous challenge to plaintiff's alleged acquisition of personal jurisdiction over him (see McHale v Anthony, 41 AD3d 265, 266-267 [2007]). As defendant has not argued that he has a reasonable excuse for defaulting in this action, it is unnecessary to consider whether defendant demonstrated a meritorious defense to the action (see Levi v Levi, 46 AD3d 519 [2007]).
Accordingly, the order is affirmed.
Iannacci, J.P., Marano and Garguilo, JJ., concur.