Mema v. 25 Broadway Realty

Order, Supreme Court, New York County (James E. d’Auguste, J.), entered December 17, 2015, which denied defendant One State Street, LLC’s (One State Street) motion to vacate its default, extend its time to serve an answer, and compel plaintiff to accept service of the answer nunc pro tunc, unanimously reversed, on the law and the facts, without costs, and the motion granted.

Supreme Court correctly determined that the affidavit One State Street submitted in support of its motion sufficiently demonstrated that it did not personally receive the summons and complaint in time to defend, but erred…