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ZUPPA v. BISON DRYWALL & INSULATION CO., INC.

93 A.D.2d 997 (1983)

Michael S. Zuppa, an Infant, by Susan Zuppa, His Mother and Natural Guardian, et al., Appellants, v. Bison Drywall & Insulation Company, Inc., Respondent

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

April 1, 1983

Order unanimously affirmed, without costs.

Memorandum:

Special Term correctly vacated the default judgment. The summons and complaint were delivered to the Secretary of State who forwarded them to defendant, but the envelope was returned marked "addressee unknown." Since defendant never had actual notice of the pending lawsuit, it is entitled to have the default vacated, having made a showing of a meritorious defense (CPLR 317; National Bank of Northern...

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