Legal Opinion

Mark IV Homes, Inc. v. Evans Gardens, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided April 7, 1977PublishedCited by 8 opinions

1Opinion of the Court

Order insofar as it required defendant to post a $4,500 bond as a condition for vacating the default judgment unanimously reversed, without costs, and otherwise order affirmed. Memorandum: On January 16, 1976 plaintiff, a Delaware corporation, commenced an action against defendant, a New York corporation, in foreclosure and replevin to recover money allegedly due under a contract to purchase modular homes. Service was effected by delivering a copy of the summons with notice to the Secretary of State who sent a copy of it by registered mail to defendant who did not receive it. Thereafter, on…

2Cases cited2 opinions

  1. Carlin Trading Corp. v. BennettAppellate Division of the Supreme Court of the State of New York · 1965
  2. Carter v. Indicator Digest, Inc.Appellate Division of the Supreme Court of the State of New York · 1975

3Cited by8 opinions

  1. Rubin v. PayneAppellate Division of the Supreme Court of the State of New York · 1984
  2. Congress Talcott Corp. v. Pacemakers Trading Corp.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Liberty Taxi Management, Inc. v. GinchermanAppellate Division of the Supreme Court of the State of New York · 2006
  4. Soggs v. CroccoAppellate Division of the Supreme Court of the State of New York · 1992
  5. Astrocom/Marlux, Inc. v. Lafayette Radio Electronics Corp.Appellate Division of the Supreme Court of the State of New York · 1978

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