Plaintiff's motion for a default judgment against Garcia was erroneously denied since plaintiff moved for the entry of judgment within one year after Garcia's default, thereby rendering CPLR 3215 (c) inapplicable. The record shows that Garcia was served with the summons and complaint by delivery to a person of suitable age and discretion followed by proper mailing on December 24, 2008, and proof of service was filed on December 29, 2008. Thus, Garcia had until January 28...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
