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J & S CONSTRUCTION OF NY, INC. v. 321 BOWERY LLC

39 A.D.3d 391 (2007)

835 N.Y.S.2d 65

J & S CONSTRUCTION OF NY, INC., Respondent, v. 321 Bowery LLC et al., Defendants, and COMMERCIAL FACADES, INC., et al., Appellants. (And a Third-Party Action.)

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

Decided April 24, 2007.

Appellants claim, as a reasonable excuse for their nonappearance, that they never received any copy of the process in the action because their address on file with the Secretary of State was obsolete. However, the failure to file a change of address with the Secretary of State generally is not a reasonable excuse under CPLR 5015 (a) (1) (Crespo v A.D.A. Mgt., 292 A.D.2d 5 [2002]). While such a failure does not constitute a per se...

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