Zats v Katselnick

[*1] Zats v Katselnick 2020 NY Slip Op 50137(U) Decided on January 27, 2020 Civil Court Of The City Of New York, Kings County Kennedy, J. 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 January 27, 2020
Civil Court of the City of New York, Kings County

Boris Zats and Marina Shafir Zats, Plaintiffs,

against

Arkadi Katselnick a/k/a Ark Katselnick and 139 Cobb Road, LLC, Defendants.



16869/2016



Attorney for plaintiff:

David Landfair, Esq.

Kopelevich & Feldsherova, PC

241 37th Street, Suite B439

Brooklyn, NY 11232

Attorney for defendant:

Jeffrey J. Rea, Esq.

Rea & Associates, LLC

225 Broadway, Suite 1515

New York, NY 10007
Odessa Kennedy, J.

Defendant 139 Cobb Street's motion to vacate default judgement is granted as defendant demonstrated a reasonable excuse for default and a potentially meritorious defense.

Defendant was allegedly served through the secretary of State. As to defendant's reasonable excuse for default, defendant has established that on the date of service, defendant was no longer at the premises registered with the New York Secretary of State, and that approximately two years prior to the date of service, defendant had relocated and that plaintiff had knowledge of the new address. Defendant therefore claims it never actually received service.

Moreover, the court notes that plaintiff has failed to demonstrate prejudice resulting from defendant's delay in interposing an answer.

Accordingly, defendant's time to interpose Answer is hereby extended. Defendant shall interpose an answer within 30 days of the within order.

Dated: January 27, 2020

HON. ODESSA KENNEDY

Judge of the Civil Court