LUGO v. H.B.T. HOUSING CO

As we recently observed in affirming that part of the appealed order denying defendant's motion to vacate a default judgment entered under identical circumstances in a related case, "[t]he motion was properly denied upon proof that plaintiff mailed copies of the default judgment with notice of entry to defendant's officer's residence more than a year before the motion was made, and defendant's failure to rebut the presumption of receipt raised thereby (see Engel v. Lichterman, 62 N.Y.2d 943). Such proof is particularly compelling here given that the mailings were certified and receipts were signed. It does not avail defendant that its officer represents that neither he nor anyone who lives with him recognizes the signatures on the receipts (cf. id.)" (Alfredo Lugo v. H.B.T. Hous. Co., 309 A.D.2d 509, 2003 N.Y. App. Div LEXIS 10017).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.