October 15, 2021

CPLR 3215(g)(3)(i).

The Appellate Division reversed the order which denied the individual defendant's motion to vacate a default judgment as against him, and granted the motion. The plaintiff mailed the summons to the defendant's places of business, not his place of residence, and failed to state that the place of residence was unknown. The burden is on the plaintiff to show that he did not know the defendant's place of residence, not on the defendant to prove that the plaintiff knew the place of residence.

Thomas v. Karen's Body Beautiful, LLC, NY Slip Op 05408 (1st Dep't October 7, 2021)

Here is the decision.