TONAWANDA TANK TRANSP. SERV., INC. v. ENVIROSURE MGMT. CORP.


179 A.D.2d 1014 (1992)

Tonawanda Tank Transport Service, Inc., Appellant, v. Envirosure Management Corp. et al., Respondents. (Appeal No. 1.)

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

January 31, 1992


Order unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion by granting defendants' motions to vacate default judgments taken against them by plaintiff. Plaintiff commenced these actions by service of the summons and complaint upon the Secretary of State. It is undisputed that neither defendant received the summons and complaint because neither defendant had a current address on file with the Secretary of State. Under these...

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