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CANTARELLI S.P.A. v. L. DELLA CELLA CO., INC.

40 A.D.3d 445 (2007)

837 N.Y.S.2d 40

CANTARELLI S.P.A., Appellant, v. L. DELLA CELLA CO., INC., Respondent.

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

Decided May 22, 2007.

"[T]here is no per se rule that a corporation served through the Secretary of State, and which failed to update its address on file there, cannot demonstrate an `excusable default'" (Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 143 [1986]). Notwithstanding defendant's failure to update its address for service with the Secretary of State, the circumstances as a whole demonstrate...

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