CEDENO v. WIMBLEDON BLDG. CORP.


207 A.D.2d 297 (1994)

615 N.Y.S.2d 40

Miguel Cedeno, Appellant, v. Wimbledon Building Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

August 18, 1994


Default judgment in this personal injury action was entered in 1991. A motion to vacate should be made within one year of entry of a default judgment (CPLR 5015 [a] [1]). Defendant moved to vacate in August 1992, more than a year after entry of the judgment, arguing that its first notice of the action was in an April 1992 letter from plaintiff's counsel demanding payment. Even if the motion could be considered timely, it does not satisfy the dual requirements of showing reasonable...

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