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KAISER v. J & S REALTY, INC.

194 A.D.2d 1034 (1993)

600 N.Y.S.2d 642

Robert J. Kaiser et al., Respondents, v. J & S Realty, Inc., Appellant

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

June 24, 1993

Mercure, J.

In June 1988, judgment was entered in favor of plaintiffs upon defendant's default in answering or appearing. Defendant's subsequent oral motion to vacate the default judgment upon the ground that it was never served with the summons and complaint was granted by Supreme Court. Upon appeal, we reversed because the record contained no evidence in support of the motion (173 A.D.2d 920). Defendant has now made...

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