Pina v. Jobar U.S.A. LLC

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered January 27, 2012, which, in an action to recover for personal injuries sustained in a trip and fall at the entrance of defendants’ building, denied defendants’ motion to vacate the default judgment entered against them after inquest, and for leave to serve an answer, unanimously affirmed, without costs.

*545Relief under CPLR 317 is not warranted where, as here, defendants’ failure to obtain proper notice was the result of a deliberate attempt to avoid such notice (see Pena v Mittleman, 179 AD2d 607, 610 [1st Dept 1992]). The individual…