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Resolution Trust Corp. v. Beck

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1997
243 A.D.2d 307 (N.Y. App. Div. 1997)

Opinion

October 14, 1997

Appeal from Supreme Court, New York County (Sheila Abdus-Salaam, J.).


The IAS Court correctly vacated the corporate defendant's default and dismissed the complaint as against it for lack of personal jurisdiction upon a showing that the service plaintiff made through the Secretary of State was on a different corporation (CPLR 5015 [a] [4]). However, in as much as the individual defendant served a notice of appearance, which was equivalent to personal service of a summons upon him ( Urena v NYNEX, Inc., 223 A.D.2d 442, 443), it was error to dismiss the complaint or vacate the default judgment as against him, and we modify accordingly.

Concur — Murphy, P.J., Rosenberger, Wallach, Nardelli and Mazzarelli, JJ.


Summaries of

Resolution Trust Corp. v. Beck

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1997
243 A.D.2d 307 (N.Y. App. Div. 1997)
Case details for

Resolution Trust Corp. v. Beck

Case Details

Full title:RESOLUTION TRUST CORPORATION as Receiver of CENTRAL FEDERAL SAVINGS, FSB…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 14, 1997

Citations

243 A.D.2d 307 (N.Y. App. Div. 1997)
664 N.Y.S.2d 522

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