THOMAS v. KAREN'S BODY BEAUTIFUL, LLC

Index No. 650779/16. Appeal No. 14326. Case No. 2021-00757.

198 A.D.3d 450 (2021)

152 N.Y.S.3d 565

2021 NY Slip Op 05408

James W. Thomas II, Respondent, v. Karen's Body Beautiful LLC, et al., Appellants.

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

Decided October 7, 2021.


Attorney(s) appearing for the Case

Law Office of Mark H. Goldey, New York ( Mark H. Goldey of counsel), for appellant.

Greenberg Freeman LLP, New York ( Sanford H. Greenberg of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Mazzarelli, Moulton, Pitt, JJ.


Kalam Id-Din argues correctly that the default judgment should be vacated as against him because plaintiff failed to show that he complied with CPLR 3215(g)(3)(i). Plaintiff mailed the summons to Kalam Id-Din's places of business, not his place of residence, and he failed to state that Kalam Id-Din's place of residence was unknown. Contrary to plaintiff's contention, since CPLR 3215(g)(3) is meant to protect defendants, the burden should be on plaintiff to show that he did...

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