Duran v. Edderson

• Decision Date: 29 March 1999
• Citation: 259 A.D.2d 728,687 N.Y.S.2d 429
• Parties: GINA C. DURAN, an Infant, by Her Mother and Natural Guardian, ANA DURAN, et al., Respondents,<BR>v.<BR>CHIN J. EDDERSON, Appellant.
• Court: New York Supreme Court — Appellate Division

259 A.D.2d 728

687 N.Y.S.2d 429

GINA C. DURAN, an Infant, by Her Mother and Natural Guardian, ANA DURAN, et al., Respondents,

v.CHIN J. EDDERSON, Appellant.

Decided March 29, 1999.

Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the defendant's motion. By giving 143-33 Beech Avenue as his address to the plaintiffs at the time of the accident, and by failing to change that address with the New York State Department of Motor Vehicles as required, the defendant waived any claim that 143-33 Beech Avenue was not his address for purposes of service (see, Sherrill v Pettiford, 172 AD2d 512). Additionally, the defendant failed to demonstrate the existence of a valid excuse for not promptly moving to vacate his default in answering the complaint (see, Kyriacopoulos v Mendon Leasing Corp., 216 AD2d 532; Perellie v Crimson's Rest., 108 AD2d 903).