METZGER v. ESSEKS


168 A.D.2d 287 (1990)

Edward A. Metzger et al., Respondents, v. William W. Esseks et al., Appellants

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

December 11, 1990


Defendants argue the court improperly exercised its discretion in vacating plaintiffs' default on the basis of an affirmation by plaintiffs' counsel which alleged only that his office had never received service of the motion papers. We find the affidavit of service by defendants' attorney's employee (Jean Poplawski), dated November 3, 1989, insufficient in that it does not specifically state that the affiant herself mailed the letter enclosing the motion papers, nor does...

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