On May 23, 2017 a
Order
was filed
involving a dispute between
Cbs Corporation Dba Cbs Television Stations,
and
Approved Legal Hotline, Inc.,
Legalzoom.Com Inc. Aka Approved Legal Hotline, Inc.,
for Commercial - Business Entity
in the District Court of New York County.
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YORK ND NO. 90
QUN
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/19/2018
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. BARBARA JAFFE PART 12
Justice
X
CBS CORPORATION d/b/a CBS TELEVISION INDEX NO. 652790/2017
STATIONS,
MOTION DATE
Plaintiff,
-V- MOTION SEQ. NO.
LEGALZOOM.COM INC. a/k/a APPROVED LEGAL
HOTLINE, INC., APPROVED LEGAL HOTLINE, INC., DECISION AND ORDER.
Defendants.
ane
The following e-filed documents, listed by NYSCEF document number 10, 11, 12, 13, 14,.15, 16, 17,
18, 19
were read on this application for a default judgment
Upon the foregoing documents, it is
By notice of motion, plaintiff moves pursuant to CPLR 3215 for a default judgment
against the remaining defendant Approved Legal Hotline, Inc. Plaintiff? 's mailings reflect that
defendant resides in California and, absent evidence that defendant is an authorized, rather than
an unauthorized corporation, plaintiff has not established whether the applicable service
requirements are those set forth in BCL 306, or instead those in BCL 307. (See Flick vStewart-
Warner Corp., 76 NY2d 50, 55-56 [1990] [procedure forservice on authorized foreign
corporation insufficient to provide jurisdiction over unauthorized corporation, even where
plaintiff effected personal service on Secretary of State, and defendant corporation later received
mailing at foreign office]).
Page 1 of 2
1 of 2
O47
, FILED: NEW YORK COUNTY CLERK 0771972018 12:36 PM ENBE E- 6527
NYSCEF DOC. NO..20 RECEIVED NYSCEF: 07/19/2018
Accordingly, it is hereby
ORDERED, that plaintiff's motion is denied
711112018
DATE BARI ‘A JAFFE, J.S.C.
CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED x] DENIED GRANTED IN PART Ol OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: DO NOT POST FIDUCIARY APPOINTMENT OJ REFERENCE
Page 2 of 2
2 of 2
Document Filed Date
July 19, 2018
Case Filing Date
May 23, 2017
Category
Commercial - Business Entity
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YORK ND NO. 90 QUN NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/19/2018 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. BARBARA JAFFE PART 12 Justice X CBS CORPORATION d/b/a CBS TELEVISION INDEX NO. 652790/2017 STATIONS, MOTION DATE Plaintiff, -V- MOTION SEQ. NO. LEGALZOOM.COM INC. a/k/a APPROVED LEGAL HOTLINE, INC., APPROVED LEGAL HOTLINE, INC., DECISION AND ORDER. Defendants. ane The following e-filed documents, listed by NYSCEF document number 10, 11, 12, 13, 14,.15, 16, 17, 18, 19 were read on this application for a default judgment Upon the foregoing documents, it is By notice of motion, plaintiff moves pursuant to CPLR 3215 for a default judgment against the remaining defendant Approved Legal Hotline, Inc. Plaintiff? 's mailings reflect that defendant resides in California and, absent evidence that defendant is an authorized, rather than an unauthorized corporation, plaintiff has not established whether the applicable service requirements are those set forth in BCL 306, or instead those in BCL 307. (See Flick vStewart- Warner Corp., 76 NY2d 50, 55-56 [1990] [procedure forservice on authorized foreign corporation insufficient to provide jurisdiction over unauthorized corporation, even where plaintiff effected personal service on Secretary of State, and defendant corporation later received mailing at foreign office]). Page 1 of 2 1 of 2 O47 , FILED: NEW YORK COUNTY CLERK 0771972018 12:36 PM ENBE E- 6527 NYSCEF DOC. NO..20 RECEIVED NYSCEF: 07/19/2018 Accordingly, it is hereby ORDERED, that plaintiff's motion is denied 711112018 DATE BARI ‘A JAFFE, J.S.C. CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION GRANTED x] DENIED GRANTED IN PART Ol OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: DO NOT POST FIDUCIARY APPOINTMENT OJ REFERENCE Page 2 of 2 2 of 2