Hidalgo v. Cruiser Taxi Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
That branch of the defendants’ renewed motion which was pursuant to CPLR 5015 (a) (1) and (4) to vacate so much of the judgment as was entered against the defendant Cruiser Taxi Corp. (hereinafter Cruiser) upon its default in appearing or answering the complaint should have been denied. In support of its renewed motion, Cruiser failed to demonstrate a reasonable excuse for its default or to come forward with sufficient proof to rebut the affidavit of the plaintiffs’ process server, which constituted prima facie evidence of proper service upon it pursuant to CPLR 311 (a) (1) (see Business…
2Cases cited19 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Wassertheil v. Elburg, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Taieb v. Hilton Hotels Corp.New York Court of Appeals · 1983
- Rockland Bakery, Inc. v. B.M. Baking Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Sean v. 172 Aububon Corp.Appellate Division of the Supreme Court of the State of New York · 2006
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