Lawrence v. Esplanade Gardens, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Elliott Wilk, J.), entered January 18, 1994, which granted defendant’s motion to vacate its default, unanimously reversed, on the law, and the matter remanded for an inquest on the issue of damages, without costs.
The IAS Court’s exercise of discretion in granting defendant’s motion to vacate its default was improvident whether pursuant to CPLR 5015 or 317. The record indicates that the sole reason the defendant corporation failed to receive copies of process duly sei red upon the Secretary of State was that it failed to comply with Business Corporation…
2Cases cited7 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Ritt v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1992
- Azzopardi v. American Blower Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Paul Conte Cadillac, Inc. v. C.A.R.S. Purchasing Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Kramer v. International 800 Telecom Corp.Appellate Division of the Supreme Court of the State of New York · 1993
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- Yellow Book of New York, Inc. v. WeissAppellate Division of the Supreme Court of the State of New York · 2007
- Cruz v. NarisiAppellate Division of the Supreme Court of the State of New York · 2006
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