Appellate Division of the Supreme Court of New York, 2003

Raiola v. 1944 Holding Ltd.

Appellate Division of the Supreme Court of New York · Decided November 25, 2003

1 A.D.3d 296; 767 N.Y.S.2d 595; 2003 N.Y. App. Div. LEXIS 12517

Cases that cite this one

7 later published cases cite this decision.

Newman v. Old Glory Real Estate Corp. (Appellate Division of the Supreme Court of New York 2011)
Koutrakos v. Vernon Sutton Realty (Appellate Division of the Supreme Court of New York 2007)
Volt Viewtech, Inc. v. Bomzer (Appellate Division of the Supreme Court of New York 2007)
CIT Group/Commercial Services, Inc. v. 160-09 Jamaica Avenue Ltd. Partnership (Appellate Division of the Supreme Court of New York 2006)
Calderon v. 163 Ocean Tenants Corp. (Appellate Division of the Supreme Court of New York 2006)
Cruz v. Narisi (Appellate Division of the Supreme Court of New York 2006)
Tselikman v. Marvin Court, Inc. (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order, Supreme Court, Bronx County (Alan Saks, J.), entered January 31, 2002, which granted defendant’s motion to vacate a default judgment, unanimously affirmed, without costs.

Defendant’s 1996 default was properly vacated pursuant to CPLR 317 and 5015 (a) upon evidence in the form of detailed affidavits which established that defendant had not personally received notice of the summons in time to defend, and that it had a meritorious defense to plaintiffs’ slip-and-fall personal injury action (see Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138 [1986]). There was no basis in the record to conclude that defendant had deliberately attempted to avoid service in this action by its failure to designate a new registered agent for service with the Secretary of State after its initial designated agent retired and closed his law office in 1982 (see Eugene Di Lorenzo, Inc., 67 NY2d at 143; Brockington v Brookfield Dev. Corp., 308 AD2d 498 [2003]). Concur—Nardelli, J.P., Andrias, Rosenberger and Friedman, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.