MARABLE v. WILLIAMS


278 A.D.2d 459 (2000)

718 N.Y.S.2d 400

FELICIA MARABLE, an Infant, by Her Mother and Natural Guardian, MARCIA RALPH, et al., Respondents, v. HUGH D. WILLIAMS et al., Appellants.

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

Decided December 26, 2000.


Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings in accordance herewith.

The defendants moved to vacate an order granting the plaintiffs' motion to enter judgment against them on the issue of liability upon their default in answering or appearing. They argued that they had not been served with process (see, CPLR 5015 [a] [4]) and that they had a reasonable excuse for...

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