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KENT GOLDSTEIN v. McCORMICK

36 A.D.3d 758 (2007)

830 N.Y.S.2d 195

HALL DICKLER KENT GOLDSTEIN & WOOD, LLP, Plaintiff, v. SUZANNE McCORMICK, Defendant and Third-Party Plaintiff-Appellant. DENNIS McCORMICK et al., Third-Party Defendants-Respondents.

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

Decided January 23, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in granting that branch of the third-party defendants' motion which was to vacate their default. The evidence established that the default entered against the third-party defendants David McCormick, Ann Ritter, David Cook McCormick, Helen Leaver, and David Velderman was a nullity, as they were not properly served with process (see...

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