CARMODY v. 208-210 EAST 31ST REALTY, LLC

16618N 156818/14

135 A.D.3d 491 (2016)

25 N.Y.S.3d 14

2016 NY Slip Op 00114

KATHLEEN CARMODY, Appellant, v. 208-210 EAST 31ST REALTY, LLC, Respondent.

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

Decided January 12, 2016.


The Supreme Court should have granted the default judgment against defendant and denied the cross motion to compel plaintiff to accept an answer, because defendant failed to set forth a reasonable excuse for its default in answering the summons. The record shows that plaintiff served defendant through the Secretary of State on July 14, 2014, and that defendant's property manager received plaintiff's September 4, 2014 letter which had the summons and notice attached. Indeed...

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