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Fulcher v. Arevia Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 1990
166 A.D.2d 501 (N.Y. App. Div. 1990)

Opinion

October 9, 1990

Appeal from the Supreme Court, Kings County (Dowd, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion to vacate a default judgment. The defendant was properly served with the summons and complaint by service on the Secretary of State pursuant to Business Corporation Law § 306. The only excuse offered by the defendant for defaulting is that it received a letter which "might have referred" to the action which it turned over to its then attorney. Later, it denied having received any notification of the action. The defendant has not, in our view, made a sufficient showing that the default was not intentional. Moreover, a review of the defendant's opposing affidavits fails to demonstrate a meritorious defense to the action (see, Perellie v. Crimson's Rest., 108 A.D.2d 903, 904).

The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit. Mangano, P.J., Kunzeman, Kooper, Sullivan and Ritter, JJ., concur.


Summaries of

Fulcher v. Arevia Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 1990
166 A.D.2d 501 (N.Y. App. Div. 1990)
Case details for

Fulcher v. Arevia Realty Corp.

Case Details

Full title:JAMES FULCHER, Respondent, v. AREVIA REALTY CORP., Appellant

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

Date published: Oct 9, 1990

Citations

166 A.D.2d 501 (N.Y. App. Div. 1990)
560 N.Y.S.2d 783