This case poses the following conundrum. It is well settled that a defendant moving to vacate a default judgment, under CPLR 317, bears the burden of establishing, both, that the defendant did not personally receive notice of the pending lawsuit in time to defend and that the defendant has a meritorious defense (see, CPLR 317; see also, Winters v Albany Executive House Apts.,
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NYS HIGHER EDUC. v. ADAMS
173 Misc.2d 283 (1997)
660 N.Y.S.2d 824
New York State Higher Education Services Corp., Plaintiff, v. Josephine G. Adams, Defendant.
Supreme Court, Albany County.https://leagle.com/images/logo.png
July 15, 1997
July 15, 1997
Attorney(s) appearing for the Case
Gandin, Schotsky, Rappaport, Glass & Greene, L. L. P., Melville, for defendant. Solomon & Solomon, P. C., Albany, for plaintiff.
Supreme Court, Albany County.
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