VICTOR TECHS., INC. v. STARCOM, INC.


153 A.D.2d 941 (1989)

Victor Technologies, Inc., Appellant, v. Starcom, Inc., Respondent

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

September 25, 1989


Ordered that the order is affirmed, with costs.

CPLR 317 provides that a default judgment may be vacated "upon a finding of the court that [a defendant] did not personally receive notice of the summons in time to defend and has a meritorious defense." The parties agree that, although service was properly made upon the Secretary of State, the defendant was never personally served with the summons and complaint in this action.

In accordance with the statutory...

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