FOXWORTH v. JENKINS


60 A.D.3d 1306 (2009)

875 N.Y.S.2d 366

MARGARETTA FOXWORTH, Respondent, v. JOHN JENKINS, Defendant, and ARTHUR E. PHILLIPS, Appellant.

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

Decided March 20, 2009.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, that part of the motion for leave to renew is granted and, upon renewal, the motion to vacate the default judgment and order awarding damages is granted, the judgment entered July 26, 2006 and the order dated October 26, 2006 are vacated in their entirety, and defendant Arthur E. Phillips is granted 20 days from service of the order of this Court with notice of entry...

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