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MAURO v. 1896 STILLWELL AVENUE, INC.

39 A.D.3d 506 (2007)

833 N.Y.S.2d 206

CHARLENE MAURO, Respondent, v. 1896 STILLWELL AVENUE, INC., Appellant.

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

Decided April 3, 2007.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the defendant's motion pursuant to CPLR 317 and 5015 (a) (1) to vacate a judgment entered upon its default in answering the complaint. It is undisputed that the plaintiff served process upon the defendant via the Secretary of State (see Business Corporation Law § 306 [b]; CPLR 311 [a] [1]). The defendant failed to answer, and a default judgment...

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