General Electric Credit Corp. v. Zemrus

Order unanimously reversed, on the law, without costs, and motion granted. Memorandum: The summons and complaint in this action to recover an alleged balance due on a revolving charge account were served by substituted service on August 1, 1983. On August 2, 1983 defendant mailed a letter by certified mail, return receipt requested, to plaintiff’s attorney requesting information about the purchase alleged in the complaint and enclosing a photocopy of a statement from the vendor indicating a zero balance. In our view, Special Term should have granted defendant’s timely motion to vacate the…