SLOAN'S SUPERMARKETS, INC. v. BARBELLEN PROPS. CORP.


184 A.D.2d 337 (1992)

Sloan's Supermarkets, Inc., Respondent, v. Barbellen Properties Corp., Appellant

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

June 16, 1992


Service of the order to show cause upon the Secretary of State as agent for defendant corporation was effective to confer jurisdiction, and thus to toll the running of the period to cure, there being no dispute that diligent attempts by plaintiff to serve defendant at its only known office address, the home of its sole principal were unsuccessful. In fact, defendant concedes that it could not have been served there at that time since its sole principal and his wife were out...

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