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U.S. EQUITIES CORP., plf-app, v. CARLOS A. RUIZ, JR., def-res

17-004. U.S. EQUITIES CORP., plf-app, v. CARLOS A. RUIZ, JR., def-res — Order (Alexander M. Tisch, J.), dated January 29, 2016, reversed, without costs, and defendant's motion denied.

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17-004. U.S. EQUITIES CORP., plf-app, v. CARLOS A. RUIZ, JR., def-res — Order (Alexander M. Tisch, J.), dated January 29, 2016, reversed, without costs, and defendant’s motion denied.

Defendant’s affidavit submitted some ten years after entry of the default judgment failed to rebut the presumption of proper service created by the affidavit of the process server (see Perilla v. Carchi, 100 AD3d 429, 430 [2012]). The conclusory assertion by defendant that he “never lived” where personal service had been made upon a person of suitable age and discretion at defendant’s “dwelling house (usual place of abode)” — located at “74 Post Ave., Apt. 1b, New York, N.Y. 10034-4707″ — was not specific enough to warrant a traverse hearing (see id., Grinshpun v. Borokhovich, 100 AD3d 551, 552 [2012], lv denied 21 NY3d 857 [2013]; Washington Mut. Bank v. Huggins, 140 AD3d 858, 859 [2016]), especially in the absence of any sworn assertion or competent proof as to where defendant actually did reside at the time service was made in 2005 (see DeLuca v. Ricci, 194 AD2d 457, 458 [1993]; see also U.S. Bank N.A. v. Martinez, 139 AD3d 548, 549 [2016]; compare Edwards, Angell, Palmer & Dodge, LLP v. Gerschman, 116 AD3d 824 [2014]).

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