Legal Opinion
Arabesque Recordings LLC v. Capacity LLC
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 2007PublishedCited by 9 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered May 31, 2007, which granted defendant’s motion to vacate a default judgment, unanimously affirmed, with costs.
A corporation’s failure to file a change of address with the Secretary of State does not constitute a per se barrier to vacatur of a default judgment pursuant to CPLR 317, which permits a defendant who has been “served with a summons other than by personal delivery” and “who does not appear” to defend the action “upon a finding of the court that he did not personally receive notice of the summons in time to defend…
2Cases cited3 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Cruz v. NarisiAppellate Division of the Supreme Court of the State of New York · 2006
- B.B.Y. Diamonds Corp. v. Five Star Designs, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
3Cited by9 opinions
- Shanker v. 119 East 30th, Ltd.Appellate Division of the Supreme Court of the State of New York · 2009
- Stillwell Café, Inc. v. 1680 Eastchester Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2016
- Acqua Capital, LLC v. 510 W. Boston Post Rd, LLCAppellate Division of the Supreme Court of the State of New York · 2018
- Acqua Capital, LLC v. Camarella Contr. Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2018
- Diggs v. Karen Manor Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2014
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