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EUGENE DI LORENZO, INC. v. A. C. DUTTON LUMBER CO., INC.

108 A.D.2d 1004 (1985)

Eugene Di Lorenzo, Inc., Appellant, v. A. C. Dutton Lumber Company, Inc., Also Known as A. C. Dutton Lumber Company, Defendant, and Phil-Mar Lumber Corporation, Respondent

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

February 14, 1985

Mahoney, P. J.

Following service of a summons and complaint upon the Secretary of State pursuant to Business Corporation Law § 306, plaintiff entered a default judgment against defendant Phil-Mar Lumber Corporation (Phil-Mar). Phil-Mar moved to vacate the default judgment pursuant to CPLR 5015 (a) (1) alleging (1) that its default was excusable in that it did not receive the papers served upon the Secretary of State in time to defend the action,...

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