AVIS RENT A CAR SYS., LLC v. SCARAMELLINO

6597N, 160658/15.

161 A.D.3d 572 (2018)

78 N.Y.S.3d 11

2018 NY Slip Op 03629

Avis Rent A Car System, LLC, Doing Business as PV Holding Corp., Respondent, v. Thomas J. Scaramellino, Also Known as T.J. Scaramellino, Appellant.

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

Decided May 17, 2018.


Defendant allegedly rented a vehicle from plaintiff in California and damaged it while driving under the influence of alcohol. Plaintiff served defendant at the New York address listed on his driver's license and obtained a default judgment against him after he failed to answer.

On his motion to vacate the default judgment, defendant submitted a nonconclusory affidavit denying proper service and other supporting affidavits and documentary evidence demonstrating that...

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