Motion for Relief from Judgment for Lack of Jurisdiction in New York

Background

A court maintains inherent power to vacate a judgment in the interest of justice. (Ladd v. Stevenson, 112 N.Y. 325, 332 [1889].) As such, a judgment may be vacated once it is demonstrated that the court lacks jurisdiction over the defendant. (U.S. Bank N.A. v. Losner, 125 A.D.3d 640 [2nd Dept. 2015].)

How to Structure the Motion

“The court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested persons with such notice as the court may direct.” (Civ. Prac. Law & Rules, § 5015(a); Maria Acevedo v. Francisco Navarro, 22 A.D.3d 391 [1st Dept. 2005].) Relief may be granted upon the ground of “lack of jurisdiction to render the judgment or order.” (Civ. Prac. Law & Rules, § 5015(a)(4).)

The court does not have personal jurisdiction over a defendant when a plaintiff fails to properly effectuate service of process. (Washington Mut. Bank v. Murphy, 127 A.D.3d 1167, 1173 [2nd Dept. 2015].) A movant for relief must rebut the prima facie case that service was proper. (Riverhead Sav. Bank v. Garone, 183 A.D.2d 760 [2nd Dept. 1992].) In defendant’s moving papers, he or she must either submit a sworn denial of service or swear to specific facts to rebut the process server’s affidavit. (Puco v. DeFeo, 296 A.D.2d 571, 571 [2nd Dept. 2002].) “[B]are and unsubstantiated denials are insufficient to rebut the presumption of service.” (U.S. Bank, N.A. v. Tauber, 140 A.D.3d 1154, 1155 [2016].)

If the motion for relief from judgment is based on Section 5015(a)(4) alone, no affidavit of merits is necessary because such a judgment is a nullity, irrespective of the question of merit. (Shaw v. Shaw, 97 A.D.2d 403 [2nd Dept. 1983].) In other words, the movant need not show either a reasonable excuse nor a meritorious defense. (Prudence v. Wright, 94 A.D.3d 1073 [2nd Dept. 2012].)

Response

It is well established that the burden of proving that personal jurisdiction was acquired rests at all times upon the plaintiff in the action. (Green Point Sav. Bank v. Taylor, 92 A.D.2d 910 [1983].) A process server’s affidavit of service establishes a prima facie case as to the method of service and gives rise to a presumption of proper service. (Wells Fargo Bank, N.A. v. Chaplin, 65 A.D.3d 588, 589 [2nd Dept. 2009].)

The Court’s Decision

Service of process is a constitutional requirement necessary for the court to exercise jurisdiction over a party. (Patrician Plastic Corp. v. Bernadel Realty Corp., 25 N.Y.2d 599, 607 [1970].) The statutory requirements for personal service mandate strict compliance. (Dorfman v. Leidner, 76 N.Y.2d 956, 958 [2000].) When a party is not properly served, the court lacks jurisdiction over that party. (Keane v. Kamin, 94 N.Y.2d 263, 265 [1999].)

“When a defendant seeking to vacate a default judgment raises a jurisdictional objection pursuant to [Section 5015(a)(4) of Civil Practice Law and Rules], the court is required to resolve the jurisdictional question [first].) (Wachovia Bank, N.A. v. Greenberg, 138 A.D.3d 984, 985 [2nd Dept. 2016].)

Timeline

A motion to vacate pursuant to Section 5015(a) of Civil Practice Law and Rules must be made within “a reasonable time.” (In re McLaughlin, 111 A.D.3d 1185, 1186 [3rd Dept. 2013].)