Ramirez v 72-82 Terrace Realty, Inc.

[*1] Ramirez v 72-82 Terrace Realty, Inc. 2009 NY Slip Op 50434(U) [22 Misc 3d 140(A)] Decided on March 13, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 13, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570636/08.

Carmen Ramirez, Plaintiff-Appellant,

against

72-82 Terrace Realty, Inc., Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court, New York County (Matthew F. Cooper, J.), entered March 27, 2008, which granted defendant's motion to vacate a default judgment.

Per Curiam.

Order (Matthew F. Cooper, J.), entered March 27, 2008, affirmed, without costs.

A corporation's failure to file a change of address with the Secretary of State does not constitute a per se barrier to vacatur of a default judgment pursuant to CPLR 317, which permits a defendant who has been "served with a summons other than by personal delivery" and "who does not appear" to defend the action "upon a finding of the court that he did not personally receive notice of the summons in time to defend and has a meritorious defense" (see Arabesque Recordings LLC v Capacity LLC, 45 AD3d 404 [2007]). The affidavit submitted by defendant's officer established that defendant did not receive personal notice of the summons in time to defend and that it has a possible meritorious defense to plaintiff's vaguely stated negligence claim.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: March 13, 2009