5015 generally

CPLR R. 5015

Giraldo v Weingarten, 2011 NY Slip Op 01433 (App. Div., 2nd 2011)

In support of that branch of the motion of the defendant Koytcho Koev (hereinafter the defendant) which was pursuant to CPLR 5015(a)(1) to vacate the judgment entered upon an order granting the plaintiffs' unopposed motion for leave to enter a judgment upon his failure to appear or answer the complaint, the defendant failed to demonstrate a reasonable excuse for his default in opposing the plaintiffs' motion and a potentially meritorious defense to the action (see NY SMS Waterproofing, Inc. v Congregation Machne Chaim, Inc.,AD3d, 2011 NY Slip Op 00661 [2d Dept 2011]; Bazoyah v Herschitz, 79 AD3d 1081; Campbell-Jarvis v Alves, 68 AD3d 701). Furthermore, the defendant did not offer any explanation for the six-month delay in moving to vacate the default judgment after he received it in the mail (see Alterbaum v Shubert Org., Inc., AD3d, 2011 NY Slip Op 00339 [2d Dept 2011]; Bekker v Fleischman, 35 AD3d 334; Epps v LaSalle Bus, 271 AD2d 400).

In support of that branch of his motion which was pursuant to CPLR 317 to vacate the default judgment, the defendant failed to demonstrate that he did not personally receive notice of the summons in time to defend the action (see Thas v Dayrich Trading, Inc., 78 AD3d 1163; Commissioners of State Ins. Fund v Nobre, Inc., 29 AD3d 511; General Motors Acceptance Corp. [*2]v Grade A Auto Body, Inc., 21 AD3d 447).