Defendant timely filed its motion to vacate the default order under CPLR 317 because no entry of judgment was ever filed. Nevertheless, in this trip and fall action alleging a defect in a public sidewalk, defendant failed to demonstrate a meritorious defense as required by CPLR 317. The affidavit from defendant's property manager contains only general denials of its duty and notice. Vacatur denied.
Arias v. City of New York, NY Slip Op 06891(1st Dep't December 11, 2025)
