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FISHER v. LEWIS CONSTRUCTION NYC INC.

10683N, 655224/18.

179 A.D.3d 407 (2020)

117 N.Y.S.3d 29

2020 NY Slip Op 00041

Jessica Fisher, Respondent, v. Lewis Construction NYC Inc., Appellant.

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

Decided January 2, 2020.

Defendant failed to establish a reasonable excuse for its default (see CPLR 5015[a][1]). Plaintiff properly served defendant corporation "by means of service upon the Secretary of State, and the records indicate that [it] was a viable corporation at the time" (Residential Bd. of Mgrs. of 99 Jane St. Condominium v Rockrose Dev. Corp., 17 A.D.3d 194, 194 [1st Dept 2005]). Service of process was complete when plaintiff served...

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