WESTCOTT v. NIAGARA-ORIENT AGENCY, INC.


122 A.D.2d 557 (1986)

Victor D. Westcott et al., Respondents, v. Niagara-Orient Agency, Inc., Appellant

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

July 11, 1986


Order unanimously reversed, on the law, without costs, and motion granted, in accordance with the following memorandum:

Defendant never received actual notice of the action because the summons and complaint served upon the Secretary of State were forwarded to defendant's prior business address and returned by postal officials. Since defendant demonstrated a meritorious defense, the court abused its discretion by denying the motion to

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