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Appellate Term, Second Department: February 9, 2023

Decision & Orders on Motions decided between:December 9 & 16, 2022

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By: Aliotta, P.J., Toussaint, Buggs, JJ. Rosemarie K. Pawlukiewicz, appellant pro se. Kenneth J. Pawlukiewicz, respondent pro se.

2019-522 Q C.      PAWLUKIEWICZ v. PAWLUKIEWICZ — Appeal from an order of the Civil Court of the City of New York, Queens County (Tracy A. Catapano-Fox, J.), dated December 17, 2018. The order denied defendant’s motion to vacate a default judgment. ORDERED that the order is affirmed, without costs. In this small claims action, plaintiff seeks to recover the principal sum of $4,500, based on damage which defendant allegedly caused by driving on plaintiff’s sidewalk. The Civil Court notified defendant, by ordinary first-class mail and by certified mail with return receipt requested, of the pendency of this small claims action and her obligation to appear in court on the date specified therein, and there is no indication in the record that the mail was returned as undeliverable. The matter was originally set down for trial on June 3, 2008. It was adjourned to July 14, 2008 and marked final as against defendant. On July 14, 2008, an inquest was held and a default judgment was entered in favor of plaintiff in the principal sum of $4,500. In December 2018, after defendant received a marshal’s notice and an income execution was served on her employer, defendant moved to vacate the default judgment and to restore the action to the calendar. In her supporting affidavit, defendant said that she had received papers in her office concerning a garnishment, and stated her address to be “101 Richardson St., Brooklyn, NY 11211″ — the employer’s address to which the Civil Court had mailed notice of the pendency of the action in 2008. Defendant denied that she had been properly served and asserted that the court thus lacked jurisdiction. Following oral argument, her motion was denied. This appeal ensued.

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