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SUKHU v. R.A.I.N. HOME ATTENDANT SERVS., INC.

Appeal No. 12814-12815N. Case No. 2020-03169. 2020-02017.

190 A.D.3d 468 (2021)

140 N.Y.S.3d 205

2021 NY Slip Op 00098

Mohanie D. Sukhu, Respondent, v. R.A.I.N. Home Attendant Services, Inc., et al., Appellants.

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

Decided January 7, 2021.

Attorney(s) appearing for the Case

Milman Labuda Law Group PLLC, Lake Success ( Jamie S. Felsen of counsel), for appellants.

Law Office of Andrew C. Lauffer, PLLC, New York ( Andrew C. Laufer of counsel), for respondent.

Concur— Kapnick, J.P., Moulton, González, Scarpulla, JJ.

Defendants proffered a reasonable excuse for their delay in responding to plaintiff's complaint by submitting an affidavit from their President and CEO, averring that they never received a copy of the summons and complaint that was served on the Secretary of State in August 2019, and only became aware of the lawsuit in October 2019 when the summons and complaint were mailed to their former employee (see CPLR 3012[d]; Merling Marx & Seidman v Repo Auto Warehouse...

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