REYES v. DCH MANAGEMENT, INC.


56 A.D.3d 644 (2008)

867 N.Y.S.2d 340

ANNA REYES, Appellant, v. DCH Management, Inc., Respondent.

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

November 18, 2008.


Ordered that the order is affirmed, with costs.

While the defendant's failure to keep a current address on file with the Secretary of State did not constitute a reasonable excuse to vacate its default under CPLR 5015 (a) (1) (see Franklin v 172 Aububon Corp., 32 A.D.3d 454 [2006]), nonetheless the defendant was entitled to vacatur of the judgment pursuant to CPLR 317 (see Fatima v Twenty Seven-Twenty Four Realty Corp....

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