MARAZITA v. NELBACH


91 A.D.2d 604 (1982)

Nicholas Marazita et al., Respondents, v. Gerald Nelbach, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 6, 1982


Order reversed, on the law, without costs or disbursements, motion granted, and default judgment vacated, without prejudice to a motion by plaintiffs pursuant to CPLR 2004 for leave to file a late proof of service.

Plaintiffs effected substituted service of a summons with notice in February, 1979. However, they did not file proof of service, as required by CPLR 308 (subd 4), within 20 days thereafter. On February 8, 1980, plaintiffs filed a note of issue for an inquest...

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