Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06287
Innes v Ignis Dev., Inc.
Read the official decision: 2026 NY Slip Op 06287
Holding The Appellate Division affirmed the lower court’s order vacating a default judgment under CPLR 317 because the defendant demonstrated it did not receive actual notice of the action due to an incorrect address on file with the Secretary of State. The court rejected the plaintiff’s argument that the defendant’s failure to update its address constituted a deliberate attempt to avoid service, noting the plaintiff knew the defendant’s actual business address.
The court’s words
the address on file with the Secretary of State was incorrect at the time the summons and complaint were served
2026 NY Slip Op 06287, at the official text
there is no basis in the record to conclude that the defendant's failure to update its address with the Secretary of State was a deliberate attempt to avoid service of process
2026 NY Slip Op 06287, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06287 |
| Area of law | Civil Procedure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06287 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1566 |
Recommended citation
ESQ HQ, New York Law Watch, Innes v Ignis Dev., Inc., 2026 NY Slip Op 06287 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06287/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works