Legal Opinion
Zuppa v. Bison Drywall & Insulation Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 1983PublishedCited by 8 opinions
1Opinion of the Court
— Order unanimously affirmed, without costs. Memorandum: Special Term correctly vacated the default judgment. The summons and complaint were delivered to the Secretary of State who forwarded them to defendant, but the envelope was returned marked “addressee unknown.” Since defendant never had actual notice of the pending lawsuit, it is entitled to have the default vacated, having made a showing of a meritorious defense (CPLR 317; National Bank of Northern N. Y. v Grasso, 79 AD2d 871). It is irrelevant that defendant failed to demonstrate a reasonable excuse for not filing a change of address…
2Cases cited3 opinions
- Meyer v. Chas. Fisher & Sons Dental Laboratory, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Cecelia v. Colonial Sand & Stone Co.Appellate Division of the Supreme Court of the State of New York · 1982
- National Bank of Northern New York v. GrassoAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by8 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Rifenburg v. Liffiton Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Pena v. MittlemanAppellate Division of the Supreme Court of the State of New York · 1992
- Abrahams v. Peddlers Pond Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Marquette Co. v. Norcem, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
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