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HILLDUN CORP. v. SCARBORO TEXTILES, INC.

73 A.D.2d 535 (1979)

Hilldun Corporation, Appellant, v. Scarboro Textiles, Inc., Respondent, and Chemical Bank, Respondent-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 11, 1979

Defendant defaulted.

When plaintiff, by special proceeding (CPLR 5225, subd [b]), sought to direct Chemical Bank to turn over funds of defendant on account with Chemical, defendant moved to open its default, claiming that it never received a copy of process. Under the statute service is complete when the Secretary of State is served. Noting that mistake or inadvertence by the Secretary of State in forwarding copies of process to a defendant is a proper ground for...

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