Opinion
02-24-2015
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as Subrogee of Kerianne Scantlebury, Appellant, v. Ruth J. RAMIREZ, Respondent.
Opinion
ORDERED that the order is reversed, without costs, defendant's motion to vacate the default judgment and for ancillary relief is denied, and the default judgment is reinstated.
In this subrogation action arising out of a motor vehicle accident which occurred on October 11, 2007, plaintiff appeals from an order of the Civil Court which granted defendant's motion to, among other things, vacate a default judgment that had been entered against her on February 2, 2012, after defendant had failed to appear or answer.
In support of her motion, defendant asserted that she had moved and had never received a copy of the summons and complaint. She further asserted that she did not believe that she owed any money to plaintiff. In opposition to the motion, plaintiff argued that defendant was estopped from challenging service of process because proper service had been effectuated in July 2010 by serving defendant, pursuant to CPLR 308(4), at the address set forth in the police accident report, which was the address on file with the Department of Motor Vehicles (DMV). Plaintiff annexed the July 31, 2012 DMV order of suspension, which also bore the same address.
Vehicle and Traffic Law § 505(5) requires drivers licensed by the State of New York to advise the DMV of a change of address within 10 days after such change occurs and to make a notation of such change of residence on their licenses. As it is apparent that defendant failed to comply with this requirement, she was estopped from challenging jurisdiction based on improper service, pursuant to CPLR 5015(4), and was not entitled to vacatur of the default judgment on the ground of excusable default, under CPLR 5015(a)(1) (see Kalamadeen v. Singh, 63 AD3d 1007 [2009] ). Nor did defendant demonstrate that she had a meritorious defense to the action, since she failed to make any showing that she was not responsible for the underlying motor vehicle accident (see State Farm Ins. Co. v. Champion Furniture, Inc., 22 Misc.3d 134[A], 2009 N.Y. Slip Op 50238[U] [App Term, 2d, 11th & 13th Jud Dists 2009] ).
Accordingly, the order is reversed, defendant's motion to vacate the default judgment and for ancillary relief is denied, and the default judgment is reinstated.
PESCE, P.J., WESTON and ALIOTTA, JJ., concur.