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STERK-KIRCH v. UPTOWN COMMUNICATIONS & ELEC., INC.

151578/13, 13882A, 13882.

124 A.D.3d 413 (2015)

SUSAN STERK-KIRCH et al., Appellants, v. UPTOWN COMMUNICATIONS & ELECTRIC, INC., Respondent, et al., Defendants.

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

Decided January 6, 2015.

After serving the summons and complaint upon the Secretary of State as agent of defendant Uptown pursuant to Business Corporation Law § 306 (b), plaintiffs failed to demonstrate, by submitting an affidavit on their motion for a default judgment, that they additionally served Uptown by first class mail at its last known address, as required by CPLR 3215 (g) (4) (i) (see Balaguer v 1854 Monroe Ave. Hous. Dev. Fund Corp.,...

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