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CRISTO BROS., INC. v. M. CRISTO, INC.

91 A.D.2d 807 (1982)

Cristo Bros., Inc., Respondent, v. M. Cristo, Inc., Appellant

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

December 30, 1982

Following service of a summons and complaint upon the Secretary of State pursuant to section 306 of the Business Corporation Law, plaintiff entered a default judgment against defendant. Defendant moved to vacate the default judgment pursuant to CPLR 5015 (subd [a]) alleging (1) that its default was excusable in that defendant did not receive the papers served upon the Secretary of State since the address filed with that office was not current for forwarding purposes, and...

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