Grobman v. Etoile 660 Madison LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered November 22, 2013, which granted defendant First Quality Maintenance II, LLC’s (FQM) motion to vacate the default judgment against it, extend its time to answer, and deem its proposed answer served upon timely service of a copy of the order with notice of entry, unanimously affirmed, without costs.
FQM failed to demonstrate a reasonable excuse for its default, as required by CPLR 5015, since it did not offer an affidavit based on personal knowledge as to whether or not its registered agent had received the summons and…
2Cases cited1 opinion
- Augustin v. AugustinAppellate Division of the Supreme Court of the State of New York · 2010