979 SECOND AVE. LLC v. CHAO

Index No. 654145/21, Appeal No. 2226, Case No. 2023-03611.

2024 NY Slip Op 02495

979 SECOND AVENUE LLC, Respondent, v. YUE WAH CHAO, ALSO KNOWN AS WINNIE CHAO, Appellant.

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

Decided May 7, 2024.


Attorney(s) appearing for the Case

Grimble & LoGuidice, LLP, New York ( Robert Grimble of counsel), for appellant.

Moulinos & Levinas PLLC, New York ( Daniel Levinas of counsel), for respondent.

Before: Webber, J.P., Moulton, Friedman, González, Mendez, JJ.


Order, Supreme Court, New York County (Erika M. Edwards, J), entered January 12, 2023, which denied defendant's motion to vacate a default judgment against her, unanimously affirmed, without costs.

Defendant moves to vacate the default judgment pursuant to CPLR 5015(a)(1) and (3), asserting that the judgment was obtained based on fraud, specifically a forged personal guaranty of a lease. On a motion to vacate a default judgment pursuant to CPLR 5015(a)(1), defendant...

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