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Credit Car Leasing Corp. v. Elan Group Corp.

185 A.D.2d 109 Court N.Y. App. Div. Decision date 1992-07-02 English

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p. 109
Credit Car Leasing Corp., Respondent, v Elan Group Corporation, Defendant, and John H. Slack, Appellant.

Order, Supreme Court, New York County (David B. Saxe, J.), entered April 22, 1991, which denied defendant-appellant’s motion to vacate a default judgment, unanimously affirmed, with costs.

We agree with the IAS court that jurisdiction was obtained over defendant-appellant, service of process having been made in accordance with the parties’ lease by certified mail at the address designated in the lease. It is well settled that a person who has agreed to receive a particular mode of notification of legal proceedings should be bound by a judgment in which that particular mode of notification has been followed (Pennoyer v Neff, 95 US 714 , 735; Gilbert v Burnstine, 255 NY 348 , 355-356). Since any purported oral modification would be in contravention of the lease (General Obligations Law § 15-301), and since defendant offered neither a meritorious defense nor

p. 110
a reasonable excuse for the delay in moving to vacate his default (see, DFI Communications v Golden Penn Theatre Ticket Serv., 87 AD2d 778 ), it was not an abuse of discretion for the IAS court to refuse defendant relief from the default (CPLR 5015; M.D. & Son Contr. v American Props., 179 AD2d 519 ). Concur—Murphy, P. J., Carro, Ellerin, Kassal and Rubin, JJ.

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