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HOSSAIN v. FAB CAB CORP.

57 A.D.3d 484 (2008)

868 N.Y.S.2d 746

SHEIKH HOSSAIN, Respondent, v. FAB CAB CORP., Defendant, and YELLOW CAB SLS JET MANAGEMENT CORP. et al., Appellants.

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

December 2, 2008.

Ordered that the order is reversed, on the law, with costs, and that branch of the appellants' motion which was pursuant to CPLR 5015 (a) (4) to vacate the judgment entered September 13, 2005, is granted, and the remaining branches of the motion are denied as academic.

It is "`axiomatic that the failure to serve process in an action leaves the court without personal jurisdiction over the defendant, and all subsequent proceedings...

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