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RAIOLA v. 1944 HOLDING LTD.

1 A.D.3d 296 (2003)

767 N.Y.S.2d 595

DANIEL E. RAIOLA et al., Appellants, v. 1944 HOLDING LTD., Respondent.

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

November 25, 2003.

Defendant's 1996 default was properly vacated pursuant to CPLR 317 and 5015 (a) upon evidence in the form of detailed affidavits which established that defendant had not personally received notice of the summons in time to defend, and that it had a meritorious defense to plaintiffs' slip-and-fall personal injury action (see Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 N.Y.2d 138 [1986]). There was no basis in the record to conclude...

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