Venner v UBS Fin. Servs., Inc.

[*1] Venner v UBS Fin. Servs., Inc. 2009 NY Slip Op 50546(U) [23 Misc 3d 127(A)] Decided on March 31, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 31, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570674/08.

Patricia Venner, Plaintiff-Appellant,

against

UBS Financial Services, Inc., Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Anil C. Singh, J.) entered October 7, 2008, which granted defendant's motion to vacate a default judgment.

Per Curiam.
Order (Anil C. Singh, J.), entered October 7,
2008, affirmed, without costs.

Defendant's motion to vacate the default judgment was properly granted, in view of its strong showing of a reasonable excuse and meritorious defenses. Since it was not established, on this record, that a copy of the judgment with notice of entry was properly served upon defendant, the one-year time limitation set forth in CPLR 5015 (a)(1) did not constitute a bar to granting vacatur relief to defendant (see American Cont. Properties, Inc. v Lynn, 32 AD3d 700, 701 [2006], lv dismissed 7 NY3d 921 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 31, 2009