BOSS v. AVOXE CORP.


97 A.D.2d 601 (1983)

Rachel Boss et al., Appellants, v. Avoxe Corporation, Respondent

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

October 13, 1983


The underlying personal injury negligence action was commenced by service of a summons and complaint upon the Secretary of State pursuant to section 306 of the Business Corporation Law on June 14, 1982. It appears that said process was returned to the Secretary of State as undeliverable due to a change in address. By letter dated July 26, 1982, plaintiffs' attorney notified defendant of the default and unilaterally extended defendant's answering time an additional 20 days...

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