Our client obtained a money judgment of about $75,000 in 2002 against its tenants. Six years later, the tenants sought to set aside the judgment by arguing that (i) they hadn’t been properly served with the summons & complaint and (ii) didn’t owe the money in any event. The trial court vacated the judgment and ordered the case to proceed to trial; Miller Law Offices was retained to appeal the decision. A unanimous Appellate Division agreed with us that Defendants’ “bare and unsubstantiated denial of receipt of process was insufficient to rebut the presumption of proper service created by the affidavit of service”. Unfortunately, this win was a Pyrrhic victory since the judgment remains unpaid.

Prospect Park Management Decision