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AYORA v. YOUNG

25075/2008

29 Misc.3d 354 (2010)

906 N.Y.S.2d 719

CESAR AYORA, Plaintiff, v. ASHLEY YOUNG et al., Defendants.

Supreme Court, Queens County.

Decided July 30, 2010.

Attorney(s) appearing for the Case

Cascone & Kluepfel, LLP, Garden City ( Gary Austin Manso of counsel), for Class One Construction Ltd. Corp, third-party plaintiff.

Law Offices of Michael A. Cervini, Jackson Heights ( Michael A. Cervini of counsel), for plaintiff.

Ahmuty, Demers & McManus, Albertson, for Ashley Young, defendant.

OPINION OF THE COURT

CHARLES J. MARKEY, J.

The motion for a default judgment by defendant/third-party plaintiff Class One Construction Ltd. Corp. against third-party defendant C.F. Arquiglass Corp., dated February 19, 2010, although unopposed, raises an interesting issue on the proper procedure in pursuing a default judgment when the service of the third-party complaint was made upon the Secretary of State of New York pursuant to the provisions of Business...

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