CALDEROCK JOINT VENTURES, L.P. v. MITIKU


45 A.D.3d 452 (2007)

848 N.Y.S.2d 36

CALDEROCK JOINT VENTURES, L.P., Respondent, v. BETHLEHEM MITIKU et al., Defendants, and BENYAM MITIKU, Appellant.

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

Decided November 20, 2007.


Twelve years after failing to answer or appear in the underlying mortgage foreclosure action, which resulted in a deficiency judgment and a wage garnishment order against him, appellant made a motion under CPLR 5015 (a) (4) to vacate the judgment, alleging that service of process of the 1994 summons and complaint had not been properly effectuated in accordance with the "nail and mail" provision of CPLR 308 (4). Finding the record "replete with evidence of [appellant's] lack...

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