Wilmadro D. Arias, as Administrator of the Estate of Oneido Arias v. The City of New York et al.; Binberk Realty Corp.
Attorneys and Parties
Brief Summary
Personal injury trip-and-fall on a public sidewalk; whether a default can be vacated under New York Civil Practice Law and Rules (CPLR) 317 [permits a defendant who was not personally served and lacked actual notice in time to defend to seek to vacate a default within one year after learning of the judgment, upon showing a meritorious defense].
Granted leave to reargue and, upon reargument, vacated the defendant’s default under CPLR 317.
The order vacating the default upon reargument.
Although the motion was timely because no judgment was entered (see Olivaria v Lin & Son Realty Corp., 84 AD3d 423), the defendant failed to show a meritorious defense; its property manager’s affidavit offered only conclusory denials of duty and notice regarding the sidewalk defect (see Hasnat v ADP Realty Ltd., 231 AD3d 539).
Background
In a trip-and-fall action alleging a defective public sidewalk, a default order was entered against Binberk Realty Corp. on April 18, 2014 (Justice Larry S. Schachner). Years later, Binberk moved under CPLR 317 to vacate the default, arguing it lacked timely notice and had a meritorious defense. The motion’s timeliness was premised on the absence of an entered judgment.
Lower Court Decision
On April 11, 2025, the Supreme Court, Bronx County (Justice Mitchell J. Danziger) granted Binberk leave to reargue and, upon reargument, vacated the default order under CPLR 317.
Appellate Division Reversal
The Appellate Division unanimously reversed, denying the CPLR 317 motion. While acknowledging timeliness due to the lack of an entered judgment, the court held that Binberk did not demonstrate a meritorious defense because its affidavit consisted of general denials of duty and notice regarding the sidewalk condition.
Legal Significance
Reaffirms that relief under CPLR 317 requires a concrete, fact-based showing of a meritorious defense; conclusory, general denials are insufficient, even where the motion is timely in the absence of an entered judgment.
A timely CPLR 317 application will fail without a detailed factual affidavit establishing a meritorious defense; general denials of liability or notice in sidewalk defect cases are inadequate.