ZALESKI v. MLYNARKIEWICZ


255 A.D.2d 379 (1998)

679 N.Y.S.2d 669

Ryszard Zaleski et al., Respondents, v. Michael Mlynarkiewicz et al., Appellants

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

November 9, 1998


Ordered that the order is affirmed, with costs.

In a prior action by the plaintiffs against the defendants, the plaintiffs filed the summons and complaint within the applicable Statute of Limitations. Thereafter, and before the Statute of Limitations expired, the plaintiffs served the process at the wrong address. A judgment entered against the defendants upon their default in appearing was vacated based on the court's finding, after a hearing to determine the validity...

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