Residential Board of Managers of the 99 Jane Street Condominium v. Rockrose Development Corp.

Appellate Division of the Supreme Court of New York

Residential Board of Managers of the 99 Jane Street Condominium v. Rockrose Development Corp.

17 A.D.3d 194, 796 N.Y.S.2d 35, 2005 N.Y. App. Div. LEXIS 3944

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

DecidedApril 14, 2005

StatusPublished

Cited by6 cases

This text of 17 A.D.3d 194 (Residential Board of Managers of the 99 Jane Street Condominium v. Rockrose Development Corp.) 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.

Bluebook

Residential Board of Managers of the 99 Jane Street Condominium v. Rockrose Development Corp., 17 A.D.3d 194, 796 N.Y.S.2d 35, 2005 N.Y. App. Div. LEXIS 3944 (N.Y. Ct. App. 2005).

Pincite

Opinion

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered February 6, 2004, which denied the motion by third-party defendant New Jersey Window Sales (Window Sales) to vacate a default judgment in the third-party action, unanimously affirmed, with costs.

Denial of vacatur was an appropriate exercise of discretion in light of the failure of Window Sales to demonstrate a reasonable excuse for the default (CPLR 5015 [a] [1]; Dugan v Belik, 170 AD2d 746 [1991]). Service of process was properly made on this third-party defendant’s designated agent by means of service upon the Secretary of State, and the records indicate that Window Sales was a viable corporation at the time. Nor did Window Sales demonstrate lack of actual personal notice (CPLR 317), since its attorneys were aware of the action and had actively engaged in negotiations with its insurance carrier prior to the filing of the motion for a default judgment (Maines Paper & Food Serv. v Farmington Foods, 233 AD2d 595 [1996]; see also Gibson, Dunn & Crutcher v Global Nuclear Servs. & Supply, 280 AD2d 360, 362 [2001]).

We have considered the remaining arguments of Window Sales and find them without merit. Concur—Mazzarelli, J.P., Andrias, Friedman, Sweeny and Catterson, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered February 6, 2004, which denied the motion by third-party defendant New Jersey Window Sales (Window Sales) to vacate a default judgment in the third-party action, unanimously affirmed, with costs.

Denial of vacatur was an appropriate exercise of discretion in light of the failure of Window Sales to demonstrate a reasonable excuse for the default (CPLR 5015 [a] [1]; Dugan v Belik, 170 AD2d 746 [1991]). Service of process was properly made on this third-party defendant’s designated agent by means of service upon the Secretary of State, and the records indicate that Window Sales was a viable corporation at the time. Nor did Window Sales demonstrate lack of actual personal notice (CPLR 317), since its attorneys were aware of the action and had actively engaged in negotiations with its insurance carrier prior to the filing of the motion for a default judgment (Maines Paper & Food Serv. v Farmington Foods, 233 AD2d 595 [1996]; see also Gibson, Dunn & Crutcher v Global Nuclear Servs. & Supply, 280 AD2d 360, 362 [2001]).

We have considered the remaining arguments of Window Sales and find them without merit. Concur—Mazzarelli, J.P., Andrias, Friedman, Sweeny and Catterson, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

17 A.D.3d 194, 796 N.Y.S.2d 35, 2005 N.Y. App. Div. LEXIS 3944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/residential-board-of-managers-of-the-99-jane-street-condominium-v-rockrose-nyappdiv-2005.

Opinion

Related

Cite This Page — Counsel Stack