BELTRE v. BABU


32 A.D.3d 722 (2006)

821 N.Y.S.2d 69

VINCENTE BELTRE, Respondent, v. DAVID BABU, Defendant, and SAMUEL PAPPY et al., Appellants.

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

September 14, 2006.


Plaintiff commenced this personal injury action against defendants by service of a complaint verified by his counsel on or about March 19, 2002. Plaintiff alleged defendants owned, managed, or controlled the premises located at 410 East 136th Street in the Bronx, where he allegedly fell in an unlit stairwell, fracturing his ankle.

Defendants did not appear, and on April 10, 2002, plaintiff's counsel served notices of default upon defendants. Although defendant Pappy...

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