Mann-Tell Realty Corp. v. Cappadora Realty Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for the breach of a lease, the defendant appeals from an order of the Supreme Court, Nassau County (Becker, J.), dated July 3, 1990, which denied its motion to set aside a default judgment entered against it.
Ordered that the order is affirmed, with costs.
The defendant did not receive actual notice of this action until after a default judgment had been entered against it. Service of process was effected upon the Secretary of State, to whom the defendant had failed to provide a current address.
Under CPLR 317, relief from a default judgment may be *498obtained upon a…
2Cases cited6 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Reich v. . CochranNew York Court of Appeals · 1896
- International Publications, Inc. v. MatchabelliNew York Court of Appeals · 1933
- Brac Construction Corp. v. Di-Com Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Simon & Schuster, Inc. v. Howe Plastics & Chemicals Co.Appellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
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- C&H Import & Export, Inc. v. MNA Global, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Levine v. Forgotson's Central Auto & Electric, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Fleisher v. KabaAppellate Division of the Supreme Court of the State of New York · 2010
- Carrenard v. MassAppellate Division of the Supreme Court of the State of New York · 2004
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