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LAWRENCE v. ESPLANADE GARDENS, INC.

213 A.D.2d 216 (1995)

623 N.Y.S.2d 586

Benny Lawrence, Appellant, v. Esplanade Gardens, Inc., Respondent

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

March 14, 1995

The IAS Court's exercise of discretion in granting defendant's motion to vacate its default was improvident whether pursuant to CPLR 5015 or 317. The record indicates that the sole reason the defendant corporation failed to receive copies of process duly served upon the Secretary of State was that it failed to comply with Business Corporation Law § 306, which requires corporations to keep a current address on file with the Secretary of State. Defendant had been in violation...

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