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.