The following excerpt is from Torres v. Metro N. R.R., 2016 NY Slip Op 33115 (U) (N.Y. Sup. Ct. 2016):
incorrect address for the attorney. Although plaintiffs did mail the motion to the incorrect address and provide no evidence that they in fact mailed the motion to the correct address, the court disregards this technical defect, as defendant admits it received plaintiffs' faxed copy and thus received notice of the motion, enabling it to oppose the motion. C.P.L.R. 2001; Ruffin v. Lion Corp., 15 N.Y.3d 578, 582 (2010). Given this determination that the service by facsimile July 23, 2015, was effective, plaintiffs served their motion within the required one year period after the dismissal July 28, 2014, that they seek to vacate. C.P.L.R. 5015(a)(1).
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