CITIBANK, N.A. v. K.L.P. SPORTSWEAR, INC.

651688/10, 2169A, 4896, 2169.

144 A.D.3d 475 (2016)

2016 NY Slip Op 07413

41 N.Y.S.3d 29

CITIBANK, N.A., Respondent, v. K.L.P. SPORTSWEAR, INC., Doing Business as LUXE ELEVEN, Defendant, and YAACOV GOLOB, Appellant.

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

Decided November 10, 2016.


In this action alleging defendant's failure to make payments in accordance with the terms of a business banking credit agreement, defendant seeks to vacate a default judgment entered against him, arguing that the court lacked jurisdiction to render the judgment (see CPLR 5015 [a] [4]). Specifically, defendant contends that service was not proper under CPLR 308 (2) because plaintiff failed to show that the process server requested and was denied access to defendant...

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