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HILLVIEW RANCH ASSOCS. v. J & J ESTATES, INC.

247 A.D.2d 585 (1998)

668 N.Y.S.2d 501

Hillview Ranch Associates, Appellant, v. J & J Estates, Inc., et al., Respondents. (Action No. 1.) Roman Blum, Respondent, v. John Doe et al., Defendants. (Action No. 2.)

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

February 23, 1998

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The jurisdictional argument regarding service of process by publication, advanced by the appellant in support of vacating the judgment entered in Action No. 2 upon the failure of the defendants in that action to answer and appear, is unpreserved for appellate review (see, Gordon v Patchogue Surgical Co., 222 A.D.2d 651).

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