Legal Opinion
Raiola v. 1944 Holding Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided November 25, 2003PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Alan Saks, J.), entered January 31, 2002, which granted defendant’s motion to vacate a default judgment, unanimously affirmed, without costs.
Defendant’s 1996 default was properly vacated pursuant to CPLR 317 and 5015 (a) upon evidence in the form of detailed affidavits which established that defendant had not personally received notice of the summons in time to defend, and that it had a meritorious defense to plaintiffs’ slip-and-fall personal injury action (see Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138 [1986]). There was no basis in the record…
2Cases cited2 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Brockington v. Brookfield Development Corp.Appellate Division of the Supreme Court of the State of New York · 2003
3Cited by7 opinions
- Calderon v. 163 Ocean Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Tselikman v. Marvin Court, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Newman v. Old Glory Real Estate Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- CIT Group/Commercial Services, Inc. v. 160-09 Jamaica Avenue Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2006
- Cruz v. NarisiAppellate Division of the Supreme Court of the State of New York · 2006
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