Legal Opinion
Parker v. Bonitas Youth Services, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 2016No. 599N 103629/11PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered December 2, 2014, which granted defendant’s motion pursuant to CPLR 317 to vacate a default judgment entered against it, unanimously affirmed, without costs.
Defendant established that “[it] did not personally receive notice of the summons in time to defend and has a meritorious defense” (CPLR 317; see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141-142 [1986]).
Defendant established that it had a meritorious defense to the action by submitting an affidavit by its president and founder outlining in detail the…
2Cases cited3 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Peacock v. KalikowAppellate Division of the Supreme Court of the State of New York · 1997
- Zapater v. 2540 Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
3Cited by1 opinion
- Home Care Assoc., Inc. v. SmithAppellate Terms of the Supreme Court of New York · 2017