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.

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.


JOSEPH HARRIS, J.

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., 102 A.D.2d 985

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