From Casetext: Smarter Legal Research

Getz v. Stuyvesant Manor, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 1993
194 A.D.2d 589 (N.Y. App. Div. 1993)

Opinion

June 7, 1993

Appeal from the Supreme Court, Kings County (Garry, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion to vacate the default judgment and to stay the foreclosure sale. Since the documentary evidence established that the appellant had been personally served with the summons and complaint, it was not entitled to open the default pursuant to CPLR 317. In addition, the appellant failed to establish its right to relief from the default judgment pursuant to CPLR 5015 (a). It offered no valid reason for its default, and its assertion that the court lacked jurisdiction is without merit. Sullivan, J.P., Eiber, O'Brien and Pizzuto, JJ., concur.


Summaries of

Getz v. Stuyvesant Manor, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 1993
194 A.D.2d 589 (N.Y. App. Div. 1993)
Case details for

Getz v. Stuyvesant Manor, Inc.

Case Details

Full title:ALAN GETZ, Respondent, v. STUYVESANT MANOR, INC., Appellant, et al.…

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

Date published: Jun 7, 1993

Citations

194 A.D.2d 589 (N.Y. App. Div. 1993)
599 N.Y.S.2d 988

Citing Cases

HSBC Bank USA v. Desrouilleres

As there was no basis to vacate Doresca's default, the Supreme Court also properly denied that branch of her…

Fennell v. Mason

Contrary to the defendant's contention, the Supreme Court properly denied his motion to vacate his default in…