STEIN v. DKA RESTAURANT


297 A.D.2d 563 (2002)

747 N.Y.S.2d 157

RICHARD STEIN, Appellant, v. DKA RESTAURANT, Respondent, et al., Defendant.

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

Decided September 19, 2002.


The motion was properly denied upon a showing of a meritorious defense, and defendant's attorney's affirmation that he first received the summons and complaint along with the instant motion for a default judgment. Defendant's attorney received the motion for a default only two months after plaintiff's service of process on the Secretary of State pursuant to Business Corporation Law § 306, and one month after plaintiff's service of the instant motion on defendant. There...

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