CACH, LLC v Oyedeji, 60 Misc 3d 128(A) ([App Term 2018).

Gregory Goodman

Pro Se litigant makes contradictory arguments that were unavailing and insufficient to sustain her Order to Show Cause to vacate since it was shown by plaintiff that the defendant had knowledge of the judgment and partially satisfied the judgment.

1. Motion to Vacate Judgment & Execution/Lack of Personal Jurisdiction [CPLR 5015(a)(1) & (4)]: the defendant failed to rebut the presumption of proper service since her denial of service was conclusory

2. CPLR § 317: Pursuant to CPLR § 317 a defendant who has been served with a summons other than by personal delivery to defend the action upon a finding by the court that the defendant did not personally receive notice of the summons in time to defend and has a meritorious defense. Here, the proof before the court establishes that the defendant was aware of the debt in 2007 when she partially satisfied the debt and moved move than 5 years after learning of the debt.

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