Wonder Works Construction Corp. v. RCDolner, LLC

Appellate Division of the Supreme Court of New York

Wonder Works Construction Corp. v. RCDolner, LLC

44 A.D.3d 526, 843 N.Y.S.2d 504

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

DecidedOctober 23, 2007

StatusPublished

This text of 44 A.D.3d 526 (Wonder Works Construction Corp. v. RCDolner, LLC) 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

Wonder Works Construction Corp. v. RCDolner, LLC, 44 A.D.3d 526, 843 N.Y.S.2d 504 (N.Y. Ct. App. 2007).

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Opinion

Order, Supreme Court, New York County (Debra A. James, J.), entered April 13, 2007, which granted defendant’s motion to vacate a default judgment entered March 9, 2007, unanimously affirmed, without costs.

Defendant carried its burden of proving it had not received notice of the summons in time to defend the action and had a potentially meritorious defense (CPLR 317; see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138 [1986]; Franklin v 172 Aububon Corp., 32 AD3d 454 [2006]). Plaintiff did not serve the additional notice required by CPLR 3215 (g) (4) (i), and there is no evidence that defendant, who moved swiftly to vacate its default upon learning of the judgment, deliberately attempted to avoid notice of this action (see Grosso v MTO Assoc. Ltd. Partnership, 12 AD3d 402 [2004]). Concur— Lippman, P.J., Andrias, Williams, Buckley and Malone, JJ.

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Order, Supreme Court, New York County (Debra A. James, J.), entered April 13, 2007, which granted defendant’s motion to vacate a default judgment entered March 9, 2007, unanimously affirmed, without costs.

Defendant carried its burden of proving it had not received notice of the summons in time to defend the action and had a potentially meritorious defense (CPLR 317; see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138 [1986]; Franklin v 172 Aububon Corp., 32 AD3d 454 [2006]). Plaintiff did not serve the additional notice required by CPLR 3215 (g) (4) (i), and there is no evidence that defendant, who moved swiftly to vacate its default upon learning of the judgment, deliberately attempted to avoid notice of this action (see Grosso v MTO Assoc. Ltd. Partnership, 12 AD3d 402 [2004]). Concur— Lippman, P.J., Andrias, Williams, Buckley and Malone, JJ.

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Bluebook (online)

44 A.D.3d 526, 843 N.Y.S.2d 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wonder-works-construction-corp-v-rcdolner-llc-nyappdiv-2007.

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