ELDERCO, INC. v. KNESKI AND SONS, INC.

2018-14484. Index No. 619913/17.

183 A.D.3d 703 (2020)

121 N.Y.S.3d 906

2020 NY Slip Op 02766

Elderco, Inc., Appellant, v. Kneski and Sons, Inc., Respondent.

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

Decided May 13, 2020.


Ordered that the order dated October 24, 2018, is reversed, on the law, with costs, and the defendant's motion is denied.

The plaintiff commenced this action, inter alia, to recover damages for the defendant's alleged breach of contract. The plaintiff served the defendant by personally delivering a copy of the summons and verified complaint to the defendant's president at the defendant's principal place of business. After the defendant failed to answer or appear,...

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