LUGO v. H.B.T. HOUSING CO., INC.


1 A.D.3d 119 (2003)

766 N.Y.S.2d 836

DIANA P. LUGO, Respondent, v. H.B.T. HOUSING CO., INC., Appellant.

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

November 6, 2003.


As we recently observed in affirming that part of the appealed order denying defendant's motion to vacate a default judgment entered under identical circumstances in a related case, "[t]he motion was properly denied upon proof that plaintiff mailed copies of the default judgment with notice of entry to defendant's officer's residence more than a year before the motion was made, and defendant's failure to rebut the presumption of receipt raised thereby (see Engel v Lichterman...

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