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PRICE v. BOSTON ROAD DEVELOPMENT CORP.

56 A.D.3d 336 (2008)

867 N.Y.S.2d 415

FRANCINA A. PRICE, Appellant, v. BOSTON ROAD DEVELOPMENT CORP., Respondent.

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

November 18, 2008.

Defendant established the requisite lack of actual notice of the summons in time to defend and meritorious defense to the action (CPLR 317; see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138 [1986]; Arabesque Recs. LLC v Capacity LLC, 45 A.D.3d 404 [2007]). Although there was evidence that the summons and complaint were served on the Secretary of State, defendant demonstrated...

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