HABERMAN v. SIMON


20 A.D.3d 302 (2005)

798 N.Y.S.2d 905

JACOB HABERMAN, Respondent, v. DAVID SIMON et al., Appellants, et al., Defendants.

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

July 7, 2005.


While the motion court properly confirmed the Special Referee's report and found that personal service of the summons and verified complaint had been properly made on January 22, 1998, it should nevertheless have vacated the amended default judgment to the extent that it awarded damages on the third and fourth causes of action in excess of the amount sought in the complaint and trebled those damages upon a finding that defendants' systematic nonpayment of rent had violated...

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