Legal Opinion
Tonawanda Tank Transport Service, Inc. v. Envirosure Management Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 1992No. Appeal No. 1PublishedCited by 4 opinions
1Opinion of the Court
Memorandum: Supreme Court did not abuse its discretion by granting defendants’ motions to vacate default judgments taken against them by plaintiff. Plaintiff commenced these actions by service of the summons and complaint upon the Secretary of State. It is undisputed that neither defendant received the summons and complaint because neither defendant had a current address on file with the Secretary of State. Under these circumstances, where the evidence demonstrates that defendants inadvertently failed to keep their addresses current, where plaintiff was fully familiar with defendants’ actual…
2Cases cited4 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Stein v. A. Matarasso & Co.Appellate Division of the Supreme Court of the State of New York · 1988
- Celifarco v. Command Bus Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Eastern Alloys, Inc. v. Gleason Security Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
3Cited by4 opinions
- Halali v. GabbayAppellate Division of the Supreme Court of the State of New York · 1996
- Trujillo v. ATA Housing Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Barillari v. 511 Main Street Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- General Accident Insurance v. FuatCivil Court of the City of New York · 2002