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DAVIS v. BLEV REALTY LLC

Index No. 27494/16. Appeal No. 545. Case No. 2022-02645N.

217 A.D.3d 563 (2023)

191 N.Y.S.3d 403

2023 NY Slip Op 03403

Shaquell Davis, Respondent, v. Blev Realty LLC, Appellant.

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

Decided June 22, 2023.

Attorney(s) appearing for the Case

Sukenik, Segal & Graff, P.C., New York (Douglas Segal of counsel), for appellant.

Law Offices of Bernard D'Orazio & Associates, P.C., New York (Steven G. Yudin of counsel), for respondent.

Concur—Kern, J.P., Friedman, Mendez, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered May 10, 2022, which denied defendant's motion to vacate a default judgment entered against it, unanimously affirmed, without costs.

Defendant's motion to vacate the default judgment was correctly denied, as the record shows that its failure to personally receive notice of the summons was the result of a deliberate attempt to avoid such notice (see CPLR 317; Eugene Di Lorenzo, Inc. v A.C. Dutton...

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