Justice Sherry Klein Heitler

Read Full-Text Decision

Defendant moved to vacate a judgment against it in Hyman's favor and permission to interpose an answer in this 2015 personal injury suit. Hyman sued for injuries sustained after a slip and fall in front of the subject's building. She was granted a default judgment against defendant, and an inquest was ordered on the issue of damages–at which she was awarded $250,000. A copy of the judgment with notice of entry was served on defendant by mail April 28, 2017. Defendant's president alleged he first learned of the judgment May 24, 2107 when he received a call from the City Marshall, but noted he found a letter addressed from Hyman's attorney on the floor of the building's entrance with a copy of the judgment, stating the building had problems with lost mail for years. The court was unpersuaded by defendant's claimed excuse for not appearing and the account of lost mail incredible. It noted Hyman submitted documentation with affidavits of service, including upon the Secretary of State and personal service of a claim letter on defendant's authorized agent. The court found defendant's claim of never receiving any of the numerous documents until the moment of the marshall's call “difficult to accept,” denying the motion in its entirety.