Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.

Appeal from an order of the Supreme Court at Special Term (Cobb, J.), entered December 13, 1983 in Ulster County, which granted defendant Phil-Mar Lumber Corporation’s motion to vacate a default judgment entered against it.

Following service of a summons and complaint upon the Secretary of State pursuant to Business Corporation Law § 306, plaintiff entered a default judgment against defendant Phil-Mar Lumber Corporation (Phil-Mar). Phil-Mar moved to vacate the default judgment pursuant to CPLR 5015 (a) (1) alleging (1) that its default was excusable in that it did not receive the papers served…