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East New York Savings Bank v. Sun Beam Enterprises, Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 17, 1996
234 A.D.2d 131 (N.Y. App. Div. 1996)

Opinion

December 17, 1996.

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered March 26, 1996, which denied defendant-appellant's motion to vacate a default judgment entered against it, unanimously affirmed, with costs.

Before: Murphy, P.J., Sullivan, Milonas, Rubin and Andrias, JJ.


Jurisdiction was obtained over appellant, a corporation, by service of process on the Secretary of State irrespective of whether the process ever actually reached appellant ( Associated Imports v Amiel Publ., 168 AD2d 354, lv dismissed 77 NY2d 873). Assuming in appellant's favor that it did not receive notice of the process in time to defend (CPLR 317), or that it has a reasonable excuse for its default (CPLR 5015 [a] [1]), the complaint makes out a prima facie case of fraudulent conveyance, and appellant's conclusory denials are insufficient to show a meritorious defense warranting vacatur of its default.


Summaries of

East New York Savings Bank v. Sun Beam Enterprises, Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 17, 1996
234 A.D.2d 131 (N.Y. App. Div. 1996)
Case details for

East New York Savings Bank v. Sun Beam Enterprises, Inc.

Case Details

Full title:EAST NEW YORK SAVINGS BANK, Respondent, v. SUN BEAM ENTERPRISES, INC., et…

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

Date published: Dec 17, 1996

Citations

234 A.D.2d 131 (N.Y. App. Div. 1996)
651 N.Y.S.2d 37

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