497 Van Cortlandt Park, LLC v Alsaidi

Holding The Appellate Term reversed the lower court’s order vacating a default judgment because the defendants failed to demonstrate that they did not personally receive notice of the summons in time to defend. The court found that testimony from a family member was insufficient to establish that the named defendant did not receive service, thereby precluding relief under CPLR 317 and CPLR 5015 (a) (1).

The court’s words

no affidavit by Wail was included in the motion and there was no testimony from Wail during the traverse hearing

2026 NY Slip Op 51578[U], at the official text

Walead's allegations that he personally did not receive any notices in the mail or observe any notices affixed to the front door of their residence do not sufficiently establish that Wail did not receive any such notices

2026 NY Slip Op 51578[U], at the official text

defendants did not demonstrate that either defendant Wail or defendant Take a Puff, Inc. did not receive notice of this action in time to defend

2026 NY Slip Op 51578[U], at the official text