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MERLING MARX & SEIDMAN, INC. v. REPO AUTO WAREHOUSE, INC.

105 A.D.2d 675 (1984)

Merling Marx & Seidman, Inc., Respondent, v. Repo Auto Warehouse, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 29, 1984

In this action to recover an amount allegedly due for advertising services, plaintiff, although aware of the defendant's business address, undertook to effect service by serving the summons and complaint on the Secretary of State in Albany, New York, pursuant to section 306 of the Business Corporation Law. A default judgment was entered in the amount sought on January 12, 1984.

By order to show cause dated January 17, 1984, defendant moved pursuant to CPLR 5015 and...

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