Hyperlawhypertext legal database East New York Savings Bank v. Sun Beam Enterprises, Inc. 234 A.D.2d 131

← Cases

East New York Savings Bank v. Sun Beam Enterprises, Inc.

234 A.D.2d 131 Court N.Y. App. Div. Decision date 1996-12-17 English

Contents

Majority

p. 131
East New York Savings Bank, Respondent, v Sun Beam Enterprises, Inc., et al., Defendants, and Integra Realty, Inc., Appellant.
[651 NYS2d 37]

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered March 26, 1996, which denied defendant-appellant’s motion to vacate a default judgment entered against it, unanimously affirmed, with costs.

Jurisdiction was obtained over appellant, a corporation, by

p. 132
service of process on the Secretary of State irrespective of whether the process ever actually reached appellant (Associated Imports v Amiel Publ., 168 AD2d 354 , lv dismissed 77 NY2d 873 ). Assuming in appellant’s favor that it did not receive notice of the process in time to defend (CPLR 317), or that it has a reasonable excuse for its default (CPLR 5015 [a] [1]), the complaint makes out a prima facie case of fraudulent conveyance, and appellant’s conclusory denials are insufficient to show a meritorious defense warranting vacatur of its default. Concur—Murphy, P. J., Sullivan, Milonas, Rubin and Andrias, JJ.

Cases cited