ZAPATER v. 2540 ASSOCS., INC.


250 A.D.2d 508 (1998)

672 N.Y.S.2d 873

Barbara Zapater et al., Respondents, v. 2540 Associates, Inc., et al., Appellants

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

May 21, 1998


Vacatur was properly denied for defendants' failure to show that they have a meritorious defense or that they moved within a year after obtaining knowledge of entry of the February 1995 judgment (CPLR 317). Defendants' affidavit, in generally vouching for the well-maintained condition of the premises, does not directly refute plaintiff's claims in her complaint of the lack of handrails and lighting and the disrepair of the stairs, and is therefore deficient as an affidavit...

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