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TRINI REALTY CORP. v. FULTON CTR. LLC

2007-06074.

2008 NY Slip Op 06144

TRINI REALTY CORP., respondent, v. FULTON CENTER LLC, appellant.

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

Decided July 1, 2008.

Attorney(s) appearing for the Case

Finkel Goldstein Rosenbloom & Nash, LLP, New York, N.Y. (Kevin J. Nash of counsel), for appellant.

Berenthal & Associates, P.C., New York, N.Y. (David W. Berenthal of counsel), for respondent.

Before: ROBERT A. SPOLZINO, J.P., DAVID S. RITTER, MARK C. DILLON, RUTH C. BALKIN, JOHN M. LEVENTHAL, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed, with costs.

In support of its motion pursuant to CPLR 3215 for leave to enter a judgment against the defendant upon its default in appearing or in answering the complaint, the plaintiff presented a process server's affidavit that was sufficient to create a presumption that service upon the defendant was effected by delivery of the summons and the verified complaint to the Secretary of State (

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