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NYCTL 1999-1 TRUST v. 114 TENTH AVENUE ASSOC., INC.

44 A.D.3d 576 (2007)

845 N.Y.S.2d 235

NYCTL 1999-1 TRUST et al., Respondents, v. 114 TENTH AVENUE ASSOC., INC., Appellant, and CARLTON CAPITAL CORP., Intervenor-Respondent, et al., Defendants.

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

Decided October 30, 2007.

The court properly denied 114 Tenth Avenue's motion to vacate the judgment of foreclosure and sale. The record establishes that 114 Tenth Avenue was properly served with notice of plaintiffs' foreclosure action in accordance with Business Corporation Law § 306, and the failure of 114 Tenth Avenue to receive service of process due to its breach of its responsibility to keep a current address on file with the Secretary of State does not constitute a reasonable excuse to...

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