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NIGRO v. EASTCO BUILDING SERVICES, INC.

6 A.D.3d 514 (2004)

774 N.Y.S.2d 405

EILEEN NIGRO et al., Respondents-Appellants, v. EASTCO BUILDING SERVICES, INC., et al., Appellants-Respondents.

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

April 12, 2004.

Ordered that the order is affirmed, without costs or disbursements.

Since the plaintiffs' initial attempt at service was invalid, the denial of their first cross motion for leave to enter a judgment upon the defendant's default was proper (see Fwu Chyuang Chow v Kenteh Enters. Corp., 169 A.D.2d 572 [1991]; Preferred Elec. & Wire Corp. v Duracraft Prods., 114 A.D.2d 407 [1985...

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