Legal Opinion
Micarelli v. Regal Apparel Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 1976PublishedCited by 17 opinions
1Opinion of the Court
Order entered in the Supreme Court, New York County, on December 3, 1975; granting defendant’s motion to vacate a default judgment, unanimously affirmed, with $40 costs and disbursements of this appeal to respondent. In this action to recover commissions, plaintiff served a summons with notice upon the Secretary of State, pursuant to CPLR 311 (subd 1) and subdivision (b) of section 306 of the Business Corporation Law. Due to a staff error, the summons was not mailed to the defendant. Contrary to defendant’s assertions, Special Term reached the right result for the right reason. Service of…
2Cases cited3 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Cascione v. Acme Equipment Corp.Appellate Division of the Supreme Court of the State of New York · 1965
- Wakerman Leather Co. v. Irvin B. Foster Sportswear Co.Appellate Division of the Supreme Court of the State of New York · 1967
3Cited by17 opinions
- In Re Cohoes Industrial Terminal, Inc.United States Bankruptcy Court, S.D. New York · 1986
- Associated Imports, Inc. v. Leon Amiel Publisher, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Marine Midland Realty Credit Corp. v. Welbilt Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Vazquez v. Sund Emba ABAppellate Division of the Supreme Court of the State of New York · 1989
- Augusta Lumber & Supply, Inc. v. Herbert H. Sabbeth Corp.Appellate Division of the Supreme Court of the State of New York · 1984
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