Del Priore v. Furnival Machinery Co.

*696We agree with the plaintiffs’ contention that the hearing which was held pursuant to an order of the same court (Hurowitz, J.), dated February 23, 1984, was not warranted with respect to the respondent Trebor Construction, Inc., a corporation. The plaintiffs’ motion papers included an affidavit evidencing service upon that respondent by service upon the Secretary of State (see, CPLR 310, 311 [1]; Business Corporation Law § 306). Since this affidavit of service was not controverted, by the respondents’ sworn denial or otherwise, it was sufficient proof of service (cf. Olmo v Olmo, 102 AD2d…