Supreme Court providently denied defendant's motion to vacate the judgment pursuant to CPLR 5015(a)(1), (a)(4), and in the interests of justice. The motion was not made within the requisite one-year time period under CPLR 5015(a)(1). Moreover, defendant failed to provide any explanation for the default or an affidavit of merit as to its defenses. The proposed answer was verified by an attorney without personal knowledge of the facts and was, therefore, insufficient to set forth a meritorious defense. As to CPLR 5015(a)(4), it was undisputed that plaintiff served the Secretary of State, and, thus, the court obtained jurisdiction even if those documents never reached defendant. Finally, defendant was not entitled to vacatur in the interests of justice.
Whitaker vs. 1975-1983 Jerome Ave. Corp., NY Slip Op 06398 (1st Dep't October 29, 2026)
