TROFIMOV v. FURMANOV


38 A.D.3d 530 (2007)

832 N.Y.S.2d 67

SERGUEI TROFIMOV, Appellant, v. ANATOLIY FURMANOV, Respondent.

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

Decided March 6, 2007.


Ordered that the judgment is reversed, on the law and the facts, with costs, the plaintiff's motion to set aside the determination that service of process upon the defendant was improper is granted, the defendant's motion to vacate the default judgment entered April 24, 2003, and to dismiss the complaint is denied, the default judgment entered April 24, 2003, is reinstated, and the order and the amended order are modified accordingly.

The plaintiff sustained his burden...

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