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SHIMEL v. 5 SOUTH FULTON AVE. CORP.

11 A.D.3d 527 (2004)

783 N.Y.S.2d 54

HELAINE SHIMEL et al., Respondents, v. 5 SOUTH FULTON AVE. CORP., Appellant, et al., Defendant.

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

October 12, 2004.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiffs commenced this action against the appellant by service of a summons and complaint upon the Secretary of State pursuant to Business Corporation Law § 306. The plaintiffs subsequently obtained a judgment of foreclosure and sale against the appellant upon its default in appearing or answering the complaint. The appellant moved...

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