Lugo v. H.B.T. Housing Co.

Appellate Division of the Supreme Court of New York

Lugo v. H.B.T. Housing Co.

309 A.D.2d 509, 765 N.Y.S.2d 247, 2003 N.Y. App. Div. LEXIS 10017

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 2, 2003

StatusPublished

Cited by1 cases

This text of 309 A.D.2d 509 (Lugo v. H.B.T. Housing Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lugo v. H.B.T. Housing Co., 309 A.D.2d 509, 765 N.Y.S.2d 247, 2003 N.Y. App. Div. LEXIS 10017 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered November 19, 2002, which, in an action for personal injuries, insofar as appealed from, denied defendant’s motion pursuant to CPLR 317 and 5015 (a) to vacate a default judgment, unanimously affirmed, with costs.

The motion was properly denied upon proof that plaintiff mailed copies of the default judgment with notice of entry to defendant’s officer’s residence more than a year before the motion was made, and defendant’s failure to rebut the presump[510]*510tion of receipt raised thereby (see Engel v Lighterman, 62 NY2d 943 [1984]). Such proof is particularly compelling here given that the mailings were certified and receipts were signed. It does not avail defendant that its officer represents that neither he nor anyone who lives with him recognizes the signatures on the receipts (cf. id.). Concur — Buckley, P.J., Tom, Ellerin, Marlow and Gonzalez, JJ.

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Order, Supreme Court, New York County (Diane Lebedeff, J.), entered November 19, 2002, which, in an action for personal injuries, insofar as appealed from, denied defendant’s motion pursuant to CPLR 317 and 5015 (a) to vacate a default judgment, unanimously affirmed, with costs.

The motion was properly denied upon proof that plaintiff mailed copies of the default judgment with notice of entry to defendant’s officer’s residence more than a year before the motion was made, and defendant’s failure to rebut the presump[510]*510tion of receipt raised thereby (see Engel v Lighterman, 62 NY2d 943 [1984]). Such proof is particularly compelling here given that the mailings were certified and receipts were signed. It does not avail defendant that its officer represents that neither he nor anyone who lives with him recognizes the signatures on the receipts (cf. id.). Concur — Buckley, P.J., Tom, Ellerin, Marlow and Gonzalez, JJ.

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Bluebook (online)

309 A.D.2d 509, 765 N.Y.S.2d 247, 2003 N.Y. App. Div. LEXIS 10017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lugo-v-hbt-housing-co-nyappdiv-2003.

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