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ELGART v. RALEIGH HOTEL CORP.

115 A.D.2d 165 (1985)

Joseph Elgart et al., Appellants, v. Raleigh Hotel Corporation, Respondent

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

November 21, 1985

Main, J.

Plaintiff Joseph Elgart was injured when he fell in January 1984 at a hotel owned by defendant. Plaintiffs commenced this action by service of a summons and complaint, pursuant to Business Corporation Law § 306 (b), upon the Secretary of State on August 17, 1984. When defendant did not thereafter timely answer, plaintiffs moved for a default judgment (CPLR 3215), whereupon defendant served a verified answer, which plaintiffs rejected as...

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