ARGUMENTS HAD NO STAYING POWER?
After a default judgment was entered against Power Furniture, and its requests for a traverse hearing and leave to file a late answer were denied by the New York County Supreme Court, an appeal followed.
Because Power failed to competently rebut the process server’s affidavit – which “constituted prima facie proof of proper service on the individual defendants … and the corporate defendant" -- the Appellate Division, First Department, agreed that jurisdiction over their respective persons had been acquired and that a traverse (a hearing to determine whether service was properly effected) wasn't warranted.
And given their failure to present a “reasonable excuse” for their nonappearance, the default judgment entered against them was left undisturbed.
Did that Power peter out?
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DECISION