Balaguer v. 1854 Monroe Avenue Housing Development Fund Corp.

Order, Supreme Court, Bronx County (Cynthia S. Kern, J.), entered January 28, 2008, which, in an action for personal injuries sustained on defendant’s premises, denied plaintiffs motion for a default judgment and granted defendant’s motion to compel plaintiffs acceptance of its answer, unanimously affirmed, without costs.

Plaintiff is not entitled to a default judgment because, having served defendant pursuant to Business Corporation Law § 306 (b), her motion for a default judgment lacked proof of compliance with the additional service requirements of CPLR 3215 (g) (4) (i) (Admiral Ins. Co. v…