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RIVERA v. TRIANGLE EXCAVATORS OF NEW YORK, LLC

2018-02643, Index No. 508663/15.

173 A.D.3d 1088 (2019)

100 N.Y.S.3d 883

2019 NY Slip Op 04977

Ivette Rivera, Appellant, v. Triangle Excavators of New York, LLC, Respondent, et al., Defendant.

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

Decided June 19, 2019.

Ordered that the order dated January 18, 2018, is affirmed, with costs.

"CPLR 317 provides, generally, that a defendant is entitled to vacatur of a default judgment if it is established that he did not receive personal notice of the summons in time to defend and that he has a meritorious defense" (Stein v Matarasso & Co., 143 A.D.2d 825, 826 [1988]; see Rios v Starrett City, Inc., 31 A.D.3d 418...

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