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Parker v Sands
2007 NY Slip Op 50346(U) [14 Misc 3d 140(A)]
Decided on March 5, 2007
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 5, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., McCOOE, DAVIS, JJ
570298/06.

Charlotte Parker d/b/a Judgment Recovery Services of New York, As Assignee of Record for Ideal Moving & Storage, Inc., Plaintiff-Respondent,

against

Frederick Sands, Defendant-Appellant.


Defendant appeals from an order of the Small Claims Part of the Civil Court, New York County, (Joan M. Kenney, J.), dated April 26, 2006, which denied his motion to vacate a default judgment.


PER CURIAM:
Order (Joan M. Kenney, J.), dated April 26, 2006, affirmed, without costs.

Defendant's motion to vacate the default judgment was untimely under both CPLR 317 and CPLR 5015[a], since it was made seven years after he had actual notice of the judgment. Defendant's claim of lack of notice was belied by his 1999 motion to vacate the default, which was denied due
to his failure to appear.

This constitutes the decision and order of the Court.
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Decision Date: March 5, 2007