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MEJIA-ORTIZ v. INOA

2384 6049/07

71 A.D.3d 517 (2010)

895 N.Y.S.2d 816

RAMON MEJIA-ORTIZ, Appellant, v. GAVIN R. INOA et al., Respondents.

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

Decided March 16, 2010.

Plaintiff failed to take proceedings for the entry of judgment within one year after the default. Defendant Brown-Grey was purportedly served with the summons and complaint via the Secretary of State on January 23, 2007 (see Vehicle and Traffic Law § 253). Accordingly, defendant's last day to answer was February 22, 2007 (see CPLR 3012 [c]) and the default occurred the following day, February 23, 2007. Plaintiff moved for a default judgment against defendant...

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