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FIGUEROA v. RELGOLD, LLC

10495N. 24747/17E.

178 A.D.3d 425 (2019)

111 N.Y.S.3d 173

2019 NY Slip Op 08617

Rogerio Cervantes FIGUEROA et al., Respondents, v. Relgold, LLC, Appellant.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Shafer Glazer, LLP, New York ( Howard S. Shafer of counsel), for appellant.

McMahon & McCarthy, Bronx ( Matthew J. McMahon of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Mazzarelli, Kapnick, JJ.

An affidavit from a principal of defendant property owner, who also served as property manager for the premises, established that defendant did not receive timely notice of the action on account of an outdated business address on file with the Secretary of State (see CPLR 317; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141-142 [1986]). The affidavit also showed that defendant had a meritorious defense,...

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