Case Type

Other

Court

Appellate Division, Second Department

County

Kings County (Brooklyn)

Slip Opinion Number

2026 NY Slip Op 04917

Petitioner

Ramona Anglada

Respondent

Mary Jane Bradford

Judge

Barros, Betsy, J.P.; Dowling, Deborah A.; Ventura, Lourdes M.; McCormack, James P.

Decision/Order Date

2026-08-12

Posture

Pre-Answer Motion by Landlord

Disposition

Affirmed for Landlord

Winner

Landlord Substantially Won

Synopsis

In this action to quiet title, the Appellate Division, 2nd Department affirmed an order granting plaintiff leave to enter a default judgment, rejecting defendant's challenges to personal jurisdiction and request to serve a late answer. Defendant argued she was improperly served because she was residing in Aguilla with her husband and children at the time of service. The court found the process server's affidavit established prima facie proper service at the defendant's Brooklyn home. Respondent's evidence did not establish that she had ceased residing in Brooklyn. The court emphasized that a person may have more than one residence and concluded that the defendant had merely shown that she had spent time in Aguilla, not that she no longer maintained her Brooklyn residence.

Keywords

Personal Jurisdiction; Process Server Affidavit Constitutes Prima Facie Evidence Of Service; Allegation That Person Was Not At The Time Present In Home Does Not Rebut Service

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