Wakerman Leather Co. v. Irvin B. Foster Sportswear Co.

Appeal from an order of the Supreme Court which denied defendant’s application pursuant to CPLR 317 to set aside a default judgment entered upon nonpersonal service of a summons and notice in an action to recover for merchandise sold and delivered, and to be allowed to defend the action. Defendant is a foreign corporation and service was made upon the Secretary of State pursuant to defendant’s statement and designation filed pursuant to section 210 of the General Corporation Law, in which, however, its address within the State was erroneously set forth, with the result that it did not receive…