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UNION INDEM. INS. CO. OF NEW YORK v. 10-01 50TH AVE. REALTY CORP.

102 A.D.2d 727 (1984)

Union Indemnity Insurance Company of New York, as Subrogee of Harbor Machinery Inc. et al., Respondents, v. 10-01 50th Avenue Realty Corp., Appellant

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

June 14, 1984

¶ Action was commenced by service upon the Secretary of State, whose office mailed the summons and complaint to the address specified for that purpose by defendant. The papers were returned to the Secretary of State by the post office, marked "Attempted Not Known". The defendant did not receive notice of the action until subsequent to default. When plaintiff moved for an order directing the clerk to enter default judgment, he mailed a copy of the motion papers to the...

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