Legal Opinion

Gil-Soo Cha v. David

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 2016No. 436N 300410/14Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered January 9, 2015, which, in this action for personal injuries sustained in a motor vehicle accident, denied plaintiffs’ motion for a default judgment as against defendant Ida S. David, unanimously affirmed, without costs.

The court exercised its discretion in a provident manner in denying plaintiffs’ motion for a default judgment against defendant David. Plaintiffs failed to establish by a preponderance evidence that the alleged service upon defendant was effected at her dwelling place or place of abode (see Persaud v…

2Cases cited2 opinions

  1. Persaud v. Teaneck Nursing Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Jorge v. ConlonAppellate Division of the Supreme Court of the State of New York · 2015

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