Legal Opinion
Sanchez v. Avuben Realty LLC
Appellate Division of the Supreme Court of the State of New York
Decided November 30, 2010PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on April 21, 2009, which denied defendant’s motion to vacate a default judgment entered against it on March 18, 2008, unanimously affirmed, without costs.
Defendant argues that under CPLR 5015 (a) (1), it was entitled to vacatur of the default judgment, claiming that its default was excusable since service of process was effected by delivery of the summons and complaint to the Secretary of State (see Limited Liability Company Law § 303 [a]), which undisputably maintained the wrong corporate address for defendant, and, as a…
2Cases cited4 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Crespo v. A.D.A. ManagementAppellate Division of the Supreme Court of the State of New York · 2002
- Lemberger v. Congregation Yetev Lev D'Satmar, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Klein v. Actors & Directors LabAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by6 opinions
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- Grinshpun v. BorokhovichAppellate Division of the Supreme Court of the State of New York · 2017
- Rudd Mech. Assoc., Inc. v. ZDG, LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Rudd Mech. Assoc., Inc. v. ZDG, LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Our Children's Found., Inc. v. OvaLab, LLCAppellate Division of the Supreme Court of the State of New York · 2026
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