METROPOLITAN STEEL INDUSTRIES, INC. v. ROSENSHEIN HUB DEVELOPMENT CORP.


257 A.D.2d 422 (1999)

683 N.Y.S.2d 240

METROPOLITAN STEEL INDUSTRIES, INC., Doing Business as STEELCO, Respondent, v. ROSENSHEIN HUB DEVELOPMENT CORP., Appellant.

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

Decided January 12, 1999.


A default judgment is warranted because of defendant's failure to show that it did not receive notice of the action in time to defend, as required by CPLR 317. Completely absent from defendant's opposition is any explanation as to how it came into receipt of the summons and complaint allegedly a month after its answer was due, and how the return receipt attached to the certified mailing that the Secretary of State made to defendant's old address pursuant to Business Corporation...

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