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212 A.D.2d 591

Thomas v. Premier Ford, Inc.

Appellate Division of the Supreme Court of the State of New York · decided 1995-02-14

Decided 1995-02-14

¶1—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Krausman, J.), dated August 16, 1993, which granted the motion of the defendant Ivanhoe Thompson to vacate the default judgment entered against him and directed him to pay attorney’s fees in the sum of $250.

¶2Ordered that the order is reversed, on the law, with costs, and the motion is denied.

¶3The respondent failed to demonstrate that he did not personally receive notice of this action in time to defend (see, CPLR 317) or that his default was excusable (see, CPLR 5015 [a] [1]). Consequently, his default should not have been vacated. Mangano, P. J., Bracken, Altman and Goldstein, JJ., concur.

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