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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
CourtAppellate Division, Second Department
DecidedOctober 28, 2026
Citation2026 NY Slip Op 06287
Area of lawCivil Procedure
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06287
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1566

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.

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Published October 28, 2026. Updated October 28, 2026.