2837 BAILEY CORP. v. GOULD


143 A.D.2d 523 (1988)

2837 Bailey Corporation, Respondent, v. Thomas Gould, Appellant, et al., Defendant

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

September 27, 1988


Order unanimously reversed on the law with costs and motion granted.

Memorandum:

Special Term erred in denying defendant's motion to vacate a default judgment entered against him for damages to plaintiff's property. Plaintiff sought to effect "nail and mail" service of process pursuant to CPLR 308 (4). Defendant challenged the propriety of the service and argued that the default judgment was void for lack of jurisdiction (CPLR 5015 [a] [4]).

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