Peter S Sanders
November 29, 2023 | New York Law Journal
Secretary of State Admits to Delays in Mailing Documents Served on Corporate Defendants, Prejudicing Plaintiffs' Ability To Obtain Default JudgmentsWhen a defendant fails to serve an answer to a complaint, CPLR 3215 provides a mechanism for obtaining a judgment on default by motion. For corporate defendants, this process almost invariably hinges on commencement documents served upon the Secretary of State. But what happens when that office fails to perform its mandated function to promptly forward these documents, as it has admittedly continued to do?
By Michelangelo Macchiarella and Peter S. Sanders
8 minute read
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