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2518N. LIU YU plf-ap, v. STELLA MA, def-res, DEVIS DALUVOY, ET AL. def — Certilman Balin Adler & Hyman, LLP, East Meadow (Anthony W. Cummings of counsel), for ap — Stanley C. Liu, Esq., Law Office, New York (Stanley C. Liu of counsel), for res — Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered February 3, 2016, which granted defendant Stella Ma’s motion to vacate the default judgment against her and dismiss the complaint on the ground that she was a non-domiciliary over whom the court lacked personal jurisdiction, unanimously affirmed, without costs.

Although the motion court’s decision cites CPLR 317, defendant Ma moved pursuant to CPLR 5015(a) (4) to vacate the default judgment against her on the ground that the court “lack[ed] jurisdiction to render the judgment or order.” Under CPLR 5015(a)(4), the need to assert a reasonable excuse is obviated (see Wells Fargo Bank, N.A. v. Jones, 139 AD3d 520, 523 [1st Dept 2016]). Defendant, a California resident, averred that she never lived in New York State; never conducted any business in the state; never owned any real property in the state; and never visited the state, except for vacation purposes.

 
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