ELECTRIC INSURANCE COMPANY v. GRAJOWER


256 A.D.2d 833 (1998)

681 N.Y.S.2d 667

ELECTRIC INSURANCE COMPANY, as Subrogee of GENERAL ELECTRIC COMPANY, Respondent, v. MARTIN GRAJOWER, Appellant.

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

Decided December 17, 1998.


Mikoll, J. P.

Upon defendant's failure to appear or answer the summons and complaint in this action, plaintiff obtained a default judgment. Defendant thereafter moved to vacate the default and consolidate the action with other pending litigation. Defendant's motion papers, which did not specify the statutory basis for the relief requested, alleged that the summons and complaint were never properly served. In considering the motion, Supreme Court attached significance...

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