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KAISER v. J & S REALTY, INC.

173 A.D.2d 920 (1991)

Robert J. Kaiser et al., Appellants, v. J & S Realty, Inc., Respondent. (And a Third-Party Action.)

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

May 2, 1991

Mercure, J.

Plaintiffs commenced this action on April 15, 1988 by service of a summons and verified complaint upon the Secretary of State pursuant to Business Corporation Law § 306. By order dated June 17, 1988, Supreme Court granted a default judgment in favor of plaintiffs. Thereafter, defendant made an oral application to vacate the default judgment, apparently upon the ground that defendant was never...

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