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CADLEROCK JOINT VENTURE, L.P. v. UDDIN

303 A.D.2d 188 (2003)

755 N.Y.S.2d 597

CADLEROCK JOINT VENTURE, L.P., Appellant, v. JALAL UDDIN, Respondent, et al., Defendants.

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

Decided March 6, 2003.

Vacatur of the default judgment and dismissal of action as against defendant Uddin was proper in view of the unrefuted proof that Uddin had never been served with process and thus that personal jurisdiction over him had never been obtained (see CPLR 5015 [a] [4]; Shaw v Shaw, 97 A.D.2d 403

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