HASNAT v. ADP REALTY LTD (2024)

Order, Supreme Court, Bronx County (Joseph E. Capella, J.), entered April 3, 2024, which granted defendant's motion to vacate a default judgment, unanimously reversed, on the law, without costs, and the motion to vacate denied.

The motion to vacate the default judgment should not have been granted under CPLR 317 because defendant failed to show a meritorious defense.  The affidavit of defendant's president is insufficient “as it contains only a general assertion of lack of knowledge of the ․ alleged defect in the” stairway (Gomez v. One Sickles St. Co., LP, 165 A.D.3d 597, 597, 84 N.Y.S.3d 770 [1st Dept. 2018];  see also Davis v. Blev Realty LLC, 217 A.D.3d 563, 564, 191 N.Y.S.3d 403 [1st Dept. 2023]).

Furthermore, under CPLR 5015(a), defendant's failure to update its address on file with the Secretary of State for 19 years after moving offices does not constitute a reasonable excuse for the default (see e.g. NYCTL 2015–A Trust v. Diffo Props. Corp., 171 A.D.3d 538, 539, 98 N.Y.S.3d 172 [1st Dept. 2019], lv dismissed 34 N.Y.3d 1198, 123 N.Y.S.3d 565, 146 N.E.3d 530 [2020];  Gomez, 165 A.D.3d at 597, 84 N.Y.S.3d 770).

To the extent defendant relies on CPLR 3012(d), that provision is inapplicable here (see U.S. Bank Trust N.A. v. Rivera, 187 A.D.3d 624, 625, 131 N.Y.S.3d 129 [1st Dept. 2020]).  In any event, CPLR 3012(d) also requires a reasonable excuse for a delay, which defendant has failed to set forth (see Majada Inc. v. E & A RE Capital Corp., 205 A.D.3d 648, 649, 170 N.Y.S.3d 18 [1st Dept. 2022]).