WHITAKER v. 1975 1983 JEROME AVE CORP (2026)

Order, Supreme Court, Bronx County (Naita A. Semaj, J.), entered May 7, 2026, which, to the extent appealed from as limited by the briefs, denied defendant's motion to vacate the February 16, 2023 default judgment and to vacate the judgment entered after inquest, unanimously affirmed, without costs.

Defendant's argument that plaintiff failed to comply with CPLR 3215(g)(4)(i) because a second copy of the summons and complaint were not served by plaintiff at defendant's last known address is improperly raised for the first time on appeal, and we decline to review it (see Verizon N.Y. Inc. v. City of New York, 159 AD3d 443, 444 [1st Dept 2018]).

Supreme Court providently denied defendant's motion to vacate the judgment pursuant to CPLR 5015(a)(1), (a)(4), and in the interests of justice. The motion was not made within the requisite one-year time period under CPLR 5015(a)(1). Moreover, defendant failed to provide any explanation for the default or an affidavit of merit as to its defenses (see 3331 102 St. LLC v. Newport Beach Holdings LLC, 205 AD3d 497, 497 [1st Dept 2022]). The proposed answer was verified by an attorney without personal knowledge of the facts and was, therefore, insufficient to set forth a meritorious defense (see Grinshpun v. Borokhovich, 100 AD3d 551, 552 [1st Dept 2012], lv denied 21 NY3d 857 [2013]). As to CPLR 5015(a)(4), it was undisputed that plaintiff served the Secretary of State, and thus, the court obtained jurisdiction even if those documents never reached defendant (see Shanker v. 119 E. 30th, Ltd., 63 AD3d 553, 554 [1st Dept 2009]). Finally, defendant was not entitled to vacatur in the interests of justice.

We have considered defendant's remaining arguments and find them unavailing.