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BUDGET TRUCK RENTAL, LLC v. MOLLO

9542, 150666/15.

173 A.D.3d 439 (2019)

99 N.Y.S.3d 876

2019 NY Slip Op 04462

Budget Truck Rental, LLC, Respondent, v. Darren T. Mollo, D.C., et al., Appellants, et al., Defendants.

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

Decided June 6, 2019.

The motion court properly denied vacatur, as appellants failed to establish a meritorious defense to plaintiff's claims for declaratory relief (see generally Mutual Mar. Off., Inc. v Joy Constr. Corp., 39 A.D.3d 417, 419 [1st Dept 2007]). Notably, appellants did not submit an affidavit from a party with personal knowledge in support of their alleged defenses to plaintiff's claims (see Bustamante v Green Door Realty Corp.,...

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