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GARDNER v. ANOTHER PHYLLIS'S, INC.

216 A.D.2d 620 (1995)

627 N.Y.S.2d 582

James Gardner, Appellant, v. Another Phyllis's, Inc., Respondent, et al., Defendant

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

June 1, 1995

In this personal injury action, plaintiff served process upon defendant Another Phyllis's, Inc. (hereinafter defendant) via the Secretary of State. Defendant subsequently moved to vacate the default judgment obtained by plaintiff on the basis that it did not receive actual notice of the pending action. Plaintiff now contends that the default judgment should not have been vacated because defendant failed to show a reasonable excuse for its default. However, insofar as Supreme...

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