| Reyes v DCH Mgt., Inc. |
| 2008 NY Slip Op 09059 [56 AD3d 644] |
| November 18, 2008 |
| Appellate Division, Second Department |
| Anna Reyes, Appellant, v DCH Management, Inc.,Respondent. |
—[*1] Milman Labuda Law Group, PLLC, Lake Success, N.Y. (Adam C. Weiss of counsel), forrespondent.
In an action to recover damages for employment discrimination on the basis of race andnational origin, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jones,J.), dated November 26, 2007, which granted the defendant's motion to vacate a judgment of thesame court entered April 20, 2007, upon the defendant's default in answering the complaint, infavor of her and against the defendant in the principal sum of $131,955.51.
Ordered that the order is affirmed, with costs.
While the defendant's failure to keep a current address on file with the Secretary of State didnot constitute a reasonable excuse to vacate its default under CPLR 5015 (a) (1) (see Franklinv 172 Aububon Corp., 32 AD3d 454 [2006]), nonetheless the defendant was entitled tovacatur of the judgment pursuant to CPLR 317 (see Fatima v Twenty Seven-Twenty FourRealty Corp., 53 AD3d 564 [2008]). CPLR 317 permits a defendant who has been "servedwith a summons other than by personal delivery" to seek relief from a default upon a showingthat it did not receive notice of the summons in time to defend and that it has a meritoriousdefense (CPLR 317; see Taieb v Hilton Hotels Corp., 60 NY2d 725 [1983]; Franklinv 172 Aububon Corp., 32 AD3d 454 [2006]; Brockington v Brookfield Dev. Corp.,308 AD2d 498 [2003]; Samet v [*2]Bedford FlushingHolding Corp., 299 AD2d 404, 405 [2002]). Here, the defendant submitted the affidavit ofits Director of Human Resources which set forth sufficient facts to warrant relief from its defaultunder CPLR 317. Rivera, J.P., Florio, Angiolillo, McCarthy and Chambers, JJ., concur.