Legal Opinion
Gonzalez v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided May 7, 2013PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Barbara Jaffe, J), *437entered August 17, 2012, which denied defendant Racson Group Inc.’s motion to vacate the default judgment entered against it, unanimously affirmed, without costs.
The court properly determined that defendant failed to demonstrate that its default should be vacated under either CPLR 317 or 5015 (a) (1). The record indicates that an affidavit of a process server stated that defendant was served through the Secretary of State. Under CPLR 317, defendant was required to demonstrate, inter alia, that it did not receive notice of the summons…
2Cases cited3 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Rugieri v. BannisterNew York Court of Appeals · 2006
- Grinshpun v. BorokhovichAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by3 opinions
- Gourvitch v. 92nd & 3rd Rest Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Country-Wide Ins. Co. v. Power Supply, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- State Farm Mut. Auto. Ins. Co. v. Pedro Torres-Jimenez, M.D., P.C.Appellate Division of the Supreme Court of the State of New York · 2025