Practice point: An application to be relieved from a default judgment, pursuant to CPLR 5015, requires a showing of a reasonable excuse and a meritorious defense.
Students should note that where a court finds that a defendant failed to personally receive notice of the summons in time to defend and has a meritorious defense, relief from a default may be permitted, pursuant to CPLR 317.
Case: Sanchez v. Avuben Realty LLC, NY Slip Op 08780 (1st Dept. 2010)
Here is the decision.
Tomorrow’s issue: Motion practice.
