Parker v Bonitas Youth Servs., Inc.
2016 NY Slip Op 02157 [137 AD3d 644]
March 24, 2016
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 27, 2016


[*1]
 Shirley Parker, Appellant,
v
Bonitas Youth Services, Inc., Respondent.

Law Office of Certain & Zilberg, PLLC, New York (Michael Zilberg of counsel), for appellant.

Kelley Drye & Warren LLP, New York (Sean R. Flanagan of counsel), for respondent.

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered December 2, 2014, which granted defendant's motion pursuant to CPLR 317 to vacate a default judgment entered against it, unanimously affirmed, without costs.

Defendant established that "[it] did not personally receive notice of the summons in time to defend and has a meritorious defense" (CPLR 317; see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141-142 [1986]).

Defendant established that it had a meritorious defense to the action by submitting an affidavit by its president and founder outlining in detail the routine safety practices defendant used when operating a sump pump and hose to remove flood water from its basement—thereby doing more than merely "generally vouching for the well-maintained condition of the premises" (Zapater v 2540 Assoc., 250 AD2d 508, 508 [1st Dept 1998]; see Peacock v Kalikow, 239 AD2d 188, 190 [1st Dept 1997]). Concur—Tom, J.P., Friedman, Saxe and Richter, JJ.