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LUGO v. PURPLE & WHITE MARKETS, INC.

4411, 300682/08, 84169/08.

82 A.D.3d 521 (2011)

918 N.Y.S.2d 453

WILLIAM LUGO, Plaintiff, v. PURPLE & WHITE MARKETS, INC., Doing Business as ASSOCIATED SUPERMARKET, Defendant, and WHITE ROSE, INC., et al., Defendants/Third-Party Plaintiffs-Appellants. FICA TRANSPORTATION, INC., Third-Party Defendant-Respondent.

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

Decided March 15, 2011.

The motion court properly denied White Rose's motion for a default judgment against FICA and compelled acceptance of FICA's answer. White Rose's attempt to serve FICA pursuant to CPLR 3215 (g) (4) (i) was plainly inadequate, as it was not sent to FICA's last known address.

The motion court also properly dismissed the breach of contract cause of action, brought by White Rose Foods, Inc., for FICA's failure to obtain insurance...

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