Diggs v. Karen Manor Associates, LLC

Gonzalez, PJ., and Manzanet-Daniels, J.,

dissent in a memorandum by Manzanet-Daniels, J., as follows: As the majority recognizes, there is no basis for the motion court’s finding that defendant Karen Manor demonstrated a reasonable excuse for the default pursuant to CPLR 5015 (a), since defendant failed to notify the Secretary of State of its change of address for several years after it moved (see e.g. On Assignment v Medasorb Tech., LLC, 50 AD3d 342 [1st Dept 2008]).

However, I disagree with the majority to the extent they conclude that vacatur is warranted under CPLR 317. CPLR 317 provides…