Volt Viewtech, Inc. v. Bomzer

Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered on or about February 9, 2007, which denied defendants’ motion to vacate their default, unanimously affirmed, without costs.

The referee’s determination, based largely on credibility (see Ross v Garcia, 19 AD3d 261 [2005]), that substituted service had been made on the individual defendant was properly upheld. While there was no basis in the record to conclude that the corporate defendant had deliberately attempted to avoid notice of this action by failing to keep current with the Secretaiy of State its agent’s address…