TAYLOR v. BEHAVIORAL SOLUTIONS NY, INC.

Index No. 30177/18E. Appeal No. 13932N. Case No. 2020-04231.

194 A.D.3d 662 (2021)

144 N.Y.S.3d 566

2021 NY Slip Op 03394

Jacqueline Taylor, as Mother and Natural Guardian of Terrell Smith, Appellant, v. Behavioral Solutions NY, Inc., Respondent, et al., Defendant.

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

Decided May 27, 2021.


Attorney(s) appearing for the Case

Michael G. O'Neill , New York, for appellant.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Mendez, JJ.


Plaintiff was not required to give defendant notice of her motion for a default judgment. When defendant failed to answer or appear after plaintiff served the summons and complaint by serving process on the Secretary of State, plaintiff made an additional service of the summons and complaint by first-class mail with the appropriate service and notice pursuant to CPLR 3215(g)(4). Plaintiff's failure to file the affidavit of the notice/mailing required did not provide a basis...

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