CITIBANK, N.A., 2169Aplfres, v. K.L.P. SPORTSWEAR, INC., DOING BUSINESS AS LUXE ELEVEN, def, YAACOV GOLOB, def-ap

2169-. CITIBANK, N.A., 2169Aplfres, v. K.L.P. SPORTSWEAR, INC., DOING BUSINESS AS LUXE ELEVEN, def, YAACOV GOLOB, def-ap — Schlacter & Associates, New York (Jed R. Schlacter of counsel), for ap — Riemer & Braunstein LLP, New York (Alissa L. Poynor of counsel), for res — Order, Supreme Court, New York County (Joan A. Madden, J.), entered September 29, 2015, which granted plaintiff's motion to confirm a special referee's report and recommendation, denied defendant-appellant's (defendant) cross motion to reject the report, and denied defendant's prior motion to vacate the default judgment against him, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered March 3, 2015, which, among other things, granted defendant's motion to vacate the default judgment against him to the extent of referring the issue of service of process to a special referee, unanimously dismissed, without costs, as academic.

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2169-. CITIBANK, N.A., 2169Aplfres, v. K.L.P. SPORTSWEAR, INC., DOING BUSINESS AS LUXE ELEVEN, def, YAACOV GOLOB, def-ap — Schlacter & Associates, New York (Jed R. Schlacter of counsel), for ap — Riemer & Braunstein LLP, New York (Alissa L. Poynor of counsel), for res — Order, Supreme Court, New York County (Joan A. Madden, J.), entered September 29, 2015, which granted plaintiff’s motion to confirm a special referee’s report and recommendation, denied defendant-appellant’s (defendant) cross motion to reject the report, and denied defendant’s prior motion to vacate the default judgment against him, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered March 3, 2015, which, among other things, granted defendant’s motion to vacate the default judgment against him to the extent of referring the issue of service of process to a special referee, unanimously dismissed, without costs, as academic.

In this action alleging defendant’s failure to make payments in accordance with the terms of a business banking credit agreement, defendant seeks to vacate a default judgment entered against him, arguing that the court lacked jurisdiction to render the judgment (see CPLR 5015[a][4]). Specifically, defendant contends that service was not proper under CPLR 308(2) because plaintiff failed to show that the process server requested and was denied access to defendant’s apartment before delivering the papers to the building’s concierge.

CITIBANK, N.A., 2169Aplfres, v. K.L.P. SPORTSWEAR, INC., DOING BUSINESS AS LUXE ELEVEN, def, YAACOV GOLOB, def-ap

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