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

309 A.D.2d 509 (2003)

765 N.Y.S.2d 247

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

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

Decided October 2, 2003.

The 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, 62 N.Y.2d 943 [1984]). Such proof is particularly compelling here given that the mailings were...

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