| Ramirez v 72-82 Terrace Realty, Inc. |
| 2009 NY Slip Op 50434(U) [22 Misc 3d 140(A)] |
| Decided on March 13, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court, New York County (Matthew F. Cooper,
J.), entered March 27, 2008, which granted defendant's motion to vacate a default judgment.
Per Curiam.
Order (Matthew F. Cooper, J.), entered March 27, 2008, affirmed, without costs.
A corporation's failure to file a change of address with the Secretary of State does not constitute a per se barrier to vacatur of a default judgment pursuant to CPLR 317, which permits a defendant who has been "served with a summons other than by personal delivery" and "who does not appear" to defend the action "upon a finding of the court that he did not personally receive notice of the summons in time to defend and has a meritorious defense" (see Arabesque Recordings LLC v Capacity LLC, 45 AD3d 404 [2007]). The affidavit submitted by defendant's officer established that defendant did not receive personal notice of the summons in time to defend and that it has a possible meritorious defense to plaintiff's vaguely stated negligence claim.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: March 13, 2009