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Duran v. Edderson

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1999
259 A.D.2d 728 (N.Y. App. Div. 1999)

Opinion

March 29, 1999

Appeal from the Supreme Court, Queens County (LeVine, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the defendant's motion. By giving 143-33 Beech Avenue as his address to the plaintiffs at the time of the accident, and by failing to change that address with the New York State Department of Motor Vehicles as required, the defendant waived any claim that 143-33 Beech Avenue was not his address for purposes of service (see, Sherrill v. Pettiford, 172 A.D.2d 512). Additionally, the defendant failed to demonstrate the existence of a valid excuse for not promptly moving to vacate his default in answering the complaint (see, Kyriacopoulos v. Mendon Leasing Corp., 216 A.D.2d 532; Perellie v. Crimson's Rest., 108 A.D.2d 903).

Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.


Summaries of

Duran v. Edderson

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1999
259 A.D.2d 728 (N.Y. App. Div. 1999)
Case details for

Duran v. Edderson

Case Details

Full title:GINA C. DURAN, an Infant, by Her Mother and Natural Guardian, ANA DURAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 29, 1999

Citations

259 A.D.2d 728 (N.Y. App. Div. 1999)
687 N.Y.S.2d 429

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