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Larman v. Russel

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 473 (N.Y. App. Div. 1997)

Opinion

June 9, 1997

Appeal from the Supreme Court, Queens County (Satterfield, J.).


Ordered that the order is reversed, as a matter of discretion, with costs, the appellants' motion is granted, the order dated June 5, 1995, is vacated, the plaintiff's motion for leave to enter a judgment against the appellants upon their default in answering the complaint is denied, and the appellants' time to serve their answers to the complaint is extended until 20 days after service upon them of a copy of this decision and order with notice of entry.

The plaintiffs commenced this action against the appellants by serving the summons and complaint upon them other than by personal delivery. The appellants established that they "did not personally receive notice of the summons in time to defend the action and [that they had] a meritorious defense" (CPLR 317). Under the circumstances of this case, we conclude that the Supreme Court improvidently exercised its discretion in denying the appellants' motion to vacate their default pursuant to CPLR 317.

Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.


Summaries of

Larman v. Russel

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 473 (N.Y. App. Div. 1997)
Case details for

Larman v. Russel

Case Details

Full title:BERNADETTE LARMAN, Respondent, v. TIVY M. RUSSEL et al., Defendants, and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 9, 1997

Citations

240 A.D.2d 473 (N.Y. App. Div. 1997)
659 N.Y.S.2d 782

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This, coupled with the meritorious defenses, entitles Jordan, pursuant to CPLR 317, to vacatur of the default…