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CHA v. DAVID

436N, 300410/14.

137 A.D.3d 497 (2016)

26 N.Y.S.3d 468

2016 NY Slip Op 01608

GIL-SOO CHA et al., Appellants, v. IDA S. DAVID, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 8, 2016.

The court exercised its discretion in a provident manner in denying plaintiffs' motion for a default judgment against defendant David. Plaintiffs failed to establish by a preponderance evidence that the alleged service upon defendant was effected at her dwelling place or place of abode (see Persaud v Teaneck Nursing Ctr., 290 A.D.2d 350 [1st Dept 2002]). Thus, on plaintiff's motion, the burden never shifted to defendant, who asserted...

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