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RESOLUTION TRUST CORP. v. BECK

243 A.D.2d 307 (1997)

664 N.Y.S.2d 522

Resolution Trust Corporation, as Receiver of Central Federal Savings, FSB, Appellant, v. Bernard Beck et al., Respondents

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

October 14, 1997

The IAS Court correctly vacated the corporate defendant's default and dismissed the complaint as against it for lack of personal jurisdiction upon a showing that the service plaintiff made through the Secretary of State was on a different corporation (CPLR 5015 [a] [4]). However, inasmuch as the individual defendant served a notice of appearance, which was equivalent to personal service of a summons upon him (Urena v NYNEX, Inc., 223 A.D.2d 442

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