CIT Group/Commercial Services, Inc. v. 160-09 Jamaica Avenue Ltd. Partnership

I conclude that under CPLR 317, respondent 160-09 Jamaica Avenue Limited Partnership was entitled to vacatur of its default in this turnover proceeding brought by a judgment creditor against respondent as the judgment debtor’s transferee. The motion seeking to vacate its default should have been granted and its proposed answer deemed served.

Facts

Petitioner CIT Group obtained assignment of the accounts re*304ceivable owed to a clothing vendor by Central Men’s Shop, a store whose place of business was located at 160-09 Jamaica Avenue, for purchases made from the vendor between May 2000 and…