SANCHEZ v. AVUBEN REALTY LLC

3715, 16054/06.

78 A.D.3d 589 (2010)

912 N.Y.S.2d 185

HECTOR SANCHEZ, Respondent, v. AVUBEN REALTY LLC, Appellant.

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

Decided November 30, 2010.


Defendant argues that under CPLR 5015 (a) (1), it was entitled to vacatur of the default judgment, claiming that its default was excusable since service of process was effected by delivery of the summons and complaint to the Secretary of State (see Limited Liability Company Law § 303 [a]), which undisputably maintained the wrong corporate address for defendant, and, as a result, it never received personal service.

An application brought pursuant to CPLR...

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