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PARKER v. BONITAS YOUTH SERVS., INC.

599N, 103629/11.

137 A.D.3d 644 (2016)

26 N.Y.S.3d 858

2016 NY Slip Op 02157

SHIRLEY PARKER, Appellant, v. BONITAS YOUTH SERVICES, INC., Respondent.

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

Decided March 24, 2016.

Defendant established that "[it] did not personally receive notice of the summons in time to defend and has a meritorious defense" (CPLR 317; see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141-142 [1986]).

Defendant established that it had a meritorious defense to the action by submitting an affidavit by its president and founder outlining in detail the routine safety practices defendant used when operating...

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