New Globaltex Co. v. Zhe Lin

Decision Date26 October 2021
Docket NumberIndex No. 152361/13,14483,Case No. 2021–02645
Citation198 A.D.3d 573,152 N.Y.S.3d 900 (Mem)
Parties NEW GLOBALTEX CO., LTD., Plaintiff–Respondent, v. Zhe LIN (also known as Jessica Lin), individually and as a successor in interest to Pioneer International Trading Inc., Defendant–Appellant, Imperial International Trading Inc., Defendant.
CourtNew York Supreme Court — Appellate Division

Law Offices of Xuejie Wong PLLC, New York (Xuejie Wong of counsel), for appellant.

Soong & Liu, New York (Arthur Soong of counsel), for respondent.

Kern, J.P., Oing, Singh, Mendez, Higgitt, JJ.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered December 23, 2020, which denied defendant Zhe Lin's motion to vacate a default judgment, unanimously affirmed, with costs.

Plaintiff met its burden of demonstrating proper service of process on defendant under CPLR 308(2) by a preponderance of the evidence adduced at the traverse hearing (see Voulkoudis v. Frantzeskakis, 184 A.D.3d 516, 126 N.Y.S.3d 457 [1st Dept. 2020] ). The testimony of the process server and the principal of the process serving company provided a proper foundation for the admission of certain business records (see CPLR 4518 ) that demonstrated that service of process was effected on defendant by delivery of the process to a person of suitable age and discretion at an address in Flushing, New York.

Service at the Flushing address was valid under CPLR 308(2) in light of the several deeds submitted in evidence reflecting that defendant used that address as her address. Even assuming that, as she claimed, defendant also used another address, she failed to establish that she had no connection to the Flushing address during the relevant time period (see e.g. CitiMortgage Inc. v. Scott, 157 A.D.3d 507, 67 N.Y.S.3d 201 [1st Dept. 2018] ).

Defendant failed to demonstrate a reasonable excuse for her failure to appear in the action (see Benson Park Assoc., LLC v. Herman, 73 A.D.3d 464, 465, 899 N.Y.S.2d 614 [1st Dept. 2010] ). Relying on her testimony, as well as a bank statement and a transit account statement at another address, she argued that she did not receive the complaint and did not reside at the Flushing address. However, the statements do not show that defendant resided at a different address, and other evidence shows that she declared the Flushing address as her address during the relevant time period.

In view of her failure to demonstrate a reasonable excuse for her default, we...

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3 cases
  • Aetna Life Ins. Co. v. UTA of KJ Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • 1 Marzo 2022
    ...we need not consider whether it established a potentially meritorious defense ( CPLR 5015[a][1] ; see New Globaltex Co., Ltd. v. Lin, 198 A.D.3d 573, 574, 152 N.Y.S.3d 900 [1st Dept. 2021] ...
  • Pizzarotti, LLC v. N.Y. Concrete Washout Sys., Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • 3 Noviembre 2022
    ...has asserted a meritorious defense to petitioner's application to cancel the mechanic's lien (see New Globaltex Co., Ltd. v. Zhe Lin, 198 A.D.3d 573, 574, 152 N.Y.S.3d 900 [1st Dept. 2021] ). In any event, respondent has not demonstrated a meritorious defense. Respondent maintains that it w......
  • Aetna Life Ins. Co. v. UTA of KJ Inc.
    • United States
    • New York Supreme Court
    • 1 Marzo 2022
    ... ... v Adventure Masonry Corp., 188 A.D.3d ... 664, 665 [2d Dept 2020]) ... As ... defendant failed to provide a justifiable excuse, we need not ... consider whether it established a potentially meritorious ... defense (CPLR 5015[a][1]; see New Globaltex Co., Ltd. v ... Lin, 198 A.D.3d 573, 574 [1st Dept ... ...

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