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NEWMAN v. THE OLD GLORY REAL ESTATE CORPORATION

6126N, 101745/08.

89 A.D.3d 599 (2011)

932 N.Y.S.2d 904

2011 NY Slip Op 8477

JOSEPH L. NEWMAN, as Chapter 7 Trustee for the Estate of VICTORIA LAZORIK, Debtor, Appellant, v. THE OLD GLORY REAL ESTATE CORPORATION, Respondent, et al., Defendant.

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

Decided November 22, 2011.

Defendant established that "[it] did not receive personal notice of the summons in time to defend and has a meritorious defense" (CPLR 317; see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141-142 [1986]). The record shows that process was served on the Secretary of State and sent to the wrong address. However, there is no evidence that defendant engaged in a deliberate attempt to avoid notice (see id. at...

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