Summary
In Taieb, as here, the defendant corporation failed to receive copies of the summons and complaint, due to its failure to notify the Secretary of State of its proper address.
Summary of this case from Wharton v. 241 Corp.Opinion
Argued September 12, 1983
Decided October 18, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, RICHARD LEE PRICE, J.
Marvin V. Ausubel, Anthony E. Satula, Jr., Lesley E. Goldberg and Gary Alexander Stahl for appellant.
Richard J. Goldman and David Jaroslawicz for respondents.
Order reversed, with costs, plaintiffs' motions for default judgment denied, defendant-appellant's motion to compel plaintiffs to accept its answer granted, and question certified answered in the negative. The allegation that defendant did not personally receive notice of the summons in time to defend is not contested and defendant may have a meritorious defense (CPLR 317).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.