Appellate Division, First Department · October 29, 2026 · 2026 NY Slip Op 06398
Whitaker v 1975-1983 Jerome Ave. Corp.
Read the official decision: 2026 NY Slip Op 06398
Holding The Appellate Division affirmed the denial of the defendant’s motion to vacate a default judgment because the motion was untimely and lacked a meritorious defense. The court also declined to review a service argument raised for the first time on appeal.
The court’s words
Defendant's argument that plaintiff failed to comply with CPLR 3215(g)(4)(i) because a second copy of the summons and complaint were not served by plaintiff at defendant's last known address is improperly raised for the first time on appeal
2026 NY Slip Op 06398, at the official text
The motion was not made within the requisite one-year time period under CPLR 5015(a)(1).
2026 NY Slip Op 06398, at the official text
The proposed answer was verified by an attorney without personal knowledge of the facts and was, therefore, insufficient to set forth a meritorious defense
2026 NY Slip Op 06398, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 29, 2026 |
| Citation | 2026 NY Slip Op 06398 |
| Area of law | Civil Procedure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06398 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1670 |
Recommended citation
ESQ HQ, New York Law Watch, Whitaker v 1975-1983 Jerome Ave. Corp., 2026 NY Slip Op 06398 (Appellate Division, First Department, October 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06398/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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