Legal Opinion

J & S Construction of NY, Inc. v. 321 Bowery LLC

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

Decided April 24, 2007PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered February 14, 2006, which denied the motion of defendants Commercial Facades, also known as Commercial Facade Incorporated, and Miller Construction Co., Inc. to vacate an order of default, unanimously affirmed, without costs.

Appellants claim, as a reasonable excuse for their nonappearance, that they never received any copy of the process in the action because their address on file with the Secretary of State was obsolete. However, the failure to file a change of address with the Secretary of State generally is not a…

2Cases cited3 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Crespo v. A.D.A. ManagementAppellate Division of the Supreme Court of the State of New York · 2002
  3. KPG Inc. v. Salinas Group Ltd.Appellate Division of the Supreme Court of the State of New York · 2004

3Cited by6 opinions

  1. Hidalgo v. Cruiser Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Vengrenyuk v. Exxonmobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 2016
  3. Stillwell Café, Inc. v. 1680 Eastchester Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2016
  4. Hidalgo v. Cruiser Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Vega v. Trinity Realty Corp.District Court, S.D. New York · 2021

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