Cantarelli S.P.A v. L. Della Cella Co.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered October 25, 2006, which granted defendant’s motion to vacate its default, unanimously affirmed, with costs.

“[T]here is no per se rule that a corporation served through

*446the Secretary of State, and which failed to update its address on file there, cannot demonstrate an ‘excusable default’ ” (Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 143 [1986]). Notwithstanding defendant’s failure to update its address for service with the Secretary of State, the circumstances as a whole demonstrate an excusable default…