RIVERA v. 999 REALTY MGMT., INC.


246 A.D.2d 637 (1998)

666 N.Y.S.2d 962

Amanda Rivera et al., Appellants, v. 999 Realty Management, Inc., Respondent

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

January 26, 1998


Ordered that the order dated November 1, 1996, is reversed, on the law, with costs, the motion is denied, and the order dated October 5, 1992, is reinstated.

We conclude that the Supreme Court improvidently exercised its discretion in granting the defendant's motion to vacate the order dated October 5, 1992. In order to obtain relief pursuant to CPLR 317, the defendant was required to establish that it did not personally receive notice of the summons in time to defend...

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