| SDK Prop. One, LLC v QPI-XXXII, LLC |
| 2014 NY Slip Op 02568 [116 AD3d 835] |
| April 16, 2014 |
| Appellate Division, Second Department |
| SDK Property One, LLC, Appellant, v QPI-XXXII, LLC,Respondent. |
—[*1] Winston & Strawn LLP, New York, N.Y. (Christopher C. Costello, Luke A.Connelly, and Zachary L. Spencer of counsel), for respondent.
In an action, inter alia, for specific performance of a contract for the sale of realproperty, the plaintiff appeals from an order of the Supreme Court, Queens County(Sampson, J.), entered November 14, 2012, which denied its motion pursuant to CPLR3215 for leave to enter a default judgment against the defendant upon the defendant'sfailure to appear or answer the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the plaintiff's motion pursuant to CPLR 3215 forleave to enter a default judgment against the defendant. In support of the motion, theplaintiff submitted proof of service of the summons and the complaint, the factsconstituting the claim, and the defendant's default (see CPLR 3215 [f]; Diederich v Wetzel, 112 AD3d883 [2013]; King vKing, 99 AD3d 672 [2012]). However, in opposition to the plaintiff's motion,the defendant, which was not served with the summons and complaint by personaldelivery, demonstrated that it did not personally receive notice of the summons in time todefend and has a potentially meritorious defense (see CPLR 317; Eugene DiLorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141-142 [1986]; Brickhouse Masonry, LLC vWindward Bldrs., Inc., 101 AD3d 919, 920 [2012]; Maron v Crystal Bay Imports,Ltd., 99 AD3d 867, 868 [2012]).
The parties' remaining contentions are without merit or need not be reached in lightof our determination. Rivera, J.P., Lott, Miller and Hinds-Radix, JJ., concur.