Metro Portfolios, Inc. v Pop, 60 Misc 3d 137(A) ([App Term 2018). “HIRE
A GOOD ATTORNEY TO HELP YOU IN YOUR MERITORIOUS DEFENSE”. Pro Se
litigant’s motion to vacate [judgment based on service CPLR 308
(2)] for lack of personal jurisdiction [pursuant to CPLR 5015(a)(1) &
(4)] denied because he failed to move submit a proper affidavit. This
is why it is important to hire a competent attorney to help in your defense
of these matters. Failure to set forth the proper information warrants
denial of your motion. Too many times in my experience I encounter defendants
that were never served and never given the opportunity to challenge or
defend their alleged debts. However, they either fail to act or when they
do, they represent themselves to say costs [which is completely understandable]
but end up owing a debt they could have defended successfully if they
hired a good attorney.
1. CPLR § 5015 (a)(4)/Motion to Vacate/Dismiss/Lack of Personal Jurisdiction:
Defendant claimed he never was served and never received notice of the
action. However, court held defendant’s affidavit failed to rebut
the affidavit of service.
2. CPLR § 5015 (a)(1)/Motion to Vacate/Dismiss: Many defendants untimely
move under this provision. To move under CPLR § 5015(a)(1), you need
to move within a year of the judgment and establish a reasonable excuse
and meritorious defense. If you fail to move within a year, you cannot
move under this provision and must seek other provisions under the law.
Here defendant moved 5 years later and also failed to show reasonable excuse.
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