Defendant's motion to vacate a default judgment is denied, as the record supports an inference that defendant deliberately attempted to evade service. Through its chief executive officer's affidavit, defendant demonstrated that it did not receive notice of the summons in time to defend because it neglected to update its address with the Secretary of State. However, eight months before plaintiff commenced the action, plaintiff sent defendant a letter that was labeled a pre-litigation notice, that warned defendant that plaintiff would pursue all available legal remedies to recover the balance owed under their agreements, and that reserved all of plaintiff's rights, claims, and causes of action arising from their agreements. Defendant did not dispute that it received this notice. Despite knowing of the looming threat of litigation, defendant never updated its address with the Secretary of State.
Raistone Purchasing v. London Luxury, NY Slip Op 05324 (1st Dep't October 2, 2025)
