Elgart v. Raleigh Hotel Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMain, J.
Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered March 8, 1985 in Sullivan County, which denied plaintiffs’ motion for a default judgment.
Plaintiff Joseph Elgart was injured when he fell in January 1984 at a hotel owned by defendant. Plaintiffs commenced this action by service of a summons and complaint, pursuant to Business Corporation Law § 306 (b), upon the Secretary of State on August 17, 1984. When defendant did not thereafter timely answer, plaintiffs moved for a default judgment (CPLR 3215), whereupon defendant served a verified answer, which plaintiffs…
2Cases cited6 opinions
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- Salch v. ParatoreNew York Court of Appeals · 1983
- Leogrande v. GlassAppellate Division of the Supreme Court of the State of New York · 1984
- Fiore v. GalangAppellate Division of the Supreme Court of the State of New York · 1984
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