Opinion
2015-318 Q C
04-25-2016
Gaetano Tardungo and MARIA MULE TARDUNGO, Respondents, v. Mehran Arian, Appellant.
PRESENT: :
Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered December 16, 2014. The order denied defendant's motion to vacate a default judgment.
ORDERED that the order is affirmed, without costs.
In this action to recover rent arrears, defendant appeals from an order of the Civil Court which denied her motion to vacate a default judgment that had been entered against her in the principal sum of $7,700. Upon a review of the record, we find that the Civil Court did not improvidently exercise its discretion in denying defendant's motion. Since service was made upon a person of suitable age and discretion at the address which was on file for defendant at the State of New York Department of Motor Vehicles, and the summons was mailed to defendant at that same address (see CPLR 308 [2]), defendant was estopped from challenging personal jurisdiction on the ground that she was served at the wrong address (see Kandov v Gondal, 11 AD3d 516 [2004]; Burke v Zorba Diner, 213 AD2d 577 [1995]). Moreover, defendant's moving papers failed to demonstrate that she had a meritorious defense to the action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]).
We pass on no other issue.
Accordingly, the order is affirmed.
Elliot, J.P., Weston and Solomon, JJ., concur. Decision Date: April 25, 2016