Shy v. Shavin Corp.
| Decision Date | 31 July 2019 |
| Docket Number | 2018–09713,Index No. 606412/17 |
| Citation | 106 N.Y.S.3d 153,174 A.D.3d 936 |
| Parties | Peggy SHY, Appellant, v. SHAVIN CORP., Respondent. |
| Court | New York Supreme Court — Appellate Division |
174 A.D.3d 936
106 N.Y.S.3d 153
Peggy SHY, Appellant,
v.
SHAVIN CORP., Respondent.
2018–09713
Index No. 606412/17
Supreme Court, Appellate Division, Second Department, New York.
Submitted - April 16, 2019
July 31, 2019
Janus Law, P.C. (The Altman Law Firm PLLC, Woodmere, N.Y. [Michael T. Altman ], of counsel), for appellant.
Haworth Barber & Gerstman, LLC, New York, N.Y. (Barry Gerstman of counsel), for respondent.
MARK C. DILLON, J.P., JOHN M. LEVENTHAL, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Arthur M. Diamond, J.), entered July 18, 2018. The order granted that branch of the defendant's motion which was pursuant to CPLR 5015(a)(1) to vacate an order of the same court entered December 19, 2017, which granted the plaintiff's unopposed motion for leave to enter a default judgment against the defendant on the issue of liability upon the defendant's failure to appear or answer the complaint and to set the matter down for an inquest on the issue of damages.
ORDERED that the order entered July 18, 2018, is reversed, on the law and in the exercise of discretion, with costs, and that branch of the defendant's motion which was pursuant to CPLR 5015(a)(1) to vacate the order entered December 19, 2017, is denied.
The plaintiff commenced this action to recover damages for personal injuries. In July 2017, the plaintiff served the defendant with process via the Secretary of State. Thereafter, the plaintiff mailed a copy of the summons and complaint to the defendant's last known address. In October 2017, the plaintiff moved for leave to enter a default judgment against the defendant on the issue of liability upon its failure to appear or answer the complaint and to set the matter down for an inquest on the issue of damages. In an order entered December 19, 2017, the Supreme Court granted the plaintiff's unopposed motion. In May 2018, the defendant moved,...
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