DAULAT v. HELMS BROS., INC.


32 A.D.3d 410 (2006)

819 N.Y.S.2d 557

AMAR S. DAULAT, Appellant, v. HELMS BROS., INC., Respondent.

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

August 8, 2006.


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for a hearing on the issue of whether the plaintiff was properly served with the defendant's motion, and a new determination of the plaintiff's motion to vacate thereafter.

The failure to provide proper service of a motion is a sufficient and complete excuse for a default on a motion and deprives the court of jurisdiction...

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