Legal Opinion

Baez v. Ende Realty Corp.

Appellate Division of the Supreme Court of the State of New York

Decided November 23, 2010PublishedCited by 7 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about September 14, 2009, which denied defendant Ende Realty Corp.’s motion to vacate a default judgment, unanimously affirmed, without costs.

Defendant’s failure to keep a current address on file with the Secretary of State, as required by Business Corporation Law § 306, does not constitute a “reasonable excuse” for its default, and therefore vacatur of the default judgment pursuant to CPLR 5015 is not warranted (see Lawrence v Esplanade Gardens, 213 AD2d 216 [1995]; Associated Imports v Amiel Publ., 168 AD2d 354 [1990],…

2Cases cited3 opinions

  1. Lawrence v. Esplanade Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Associated Imports, Inc. v. Leon Amiel Publisher, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  3. In re the Arbitration between Allstate Insurance & PatryloAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by7 opinions

  1. 45 John Lofts LLC v. MERIDIAN CAPITAL GROUP LLCUnited States Bankruptcy Court, S.D. New York · 2023
  2. Diggs v. Karen Manor Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  3. Diggs v. Karen Manor Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  4. Diggs v. Karen Manor Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  5. Diggs v. Karen Manor Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2014

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