HIRSHON ASSOCIATES, LLC v. SUFFOLK DONUT CORP.


32 A.D.3d 457 (2006)

819 N.Y.S.2d 476

HIRSHON ASSOCIATES, LLC, Respondent, v. SUFFOLK DONUT CORP. et al., Appellants.

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

August 15, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendants' motion which was to vacate the judgment entered March 12, 2004, is granted, and the judgment is vacated.

The defendant Craig Winkler was entitled to vacatur of the default judgment as against him because he was not properly served with process in this action (see CPLR 308). Further, the Supreme Court improvidently exercised its discretion in denying...

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