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NEW YORK TELEPHONE COMPANY v. DON SIEGEL CONSTRUCTION COMPANY, INC.

1 A.D.3d 329 (2003)

766 N.Y.S.2d 874

NEW YORK TELEPHONE COMPANY, Doing Business as BELL ATLANTIC-NEW YORK, INC., Respondent, v. DON SIEGEL CONSTRUCTION COMPANY, INC., et al., Respondents, and PALISADES EKLECCO CORP., Appellant.

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

November 3, 2003.

Ordered that the order is reversed, without costs or disbursements, the motion is granted, the judgment is vacated, and the matter is remitted to the Supreme Court, Rockland County, for a new inquest on the issue of damages.

The appellant failed to rebut the plaintiff's proof that it received actual notice of the summons in time to defend (see CPLR 317; Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 N.Y.2d 138 [1986...

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