In a December 7, 2011 decision by Justice Driscoll, the court denied the defendant’s motion to vacate a default judgment against it. Based on Second Department law, the court found that the plaintiff presumptively established the right to a default judgment by providing a process server’s affidavit of service of the summons and complaint pursuant to NY LLC Law § 303, and the defendant failed to overcome that presumption by merely denying receipt of the pleadings. The motion was also denied because, the court found, the defendant failed to provide any excuse for its failure to answer the complaint or respond to the prior motion for a default judgment, and the defendant alleged only in conclusory fashion that it had a meritorious defense yet failed to present any facts supporting such defense.
C McCormack Inc. v 6 St. Nicholas LLC, Sup Ct Nassau County, December 7, 2011, Driscoll, J, index No. 011841-10