HOME PROPS., L.P. v. KALTER


24 Misc.3d 391 (2009)

876 N.Y.S.2d 623

HOME PROPERTIES, L.P., WESTWOOD VILLAGE APTS., Petitioner, v. MATTHEW KALTER et al., Respondents.

District Court of Nassau County, First District.

Decided March 25, 2009.


Attorney(s) appearing for the Case

Law Offices of Kenneth J. Weinstein, Garden City, for Matthew Kalter, respondent.

Somer & Heller LLP, Commack, for petitioner.


OPINION OF THE COURT

SCOTT FAIRGRIEVE, J.

The respondent, Matthew Kalter, moves by way of order to show cause to vacate the default money judgment against him dated October 20, 2008, in the amount of $7,728.60, and to dismiss the proceeding due to the petitioner's failure to properly serve him. In the alternative, the respondent requests that the money judgment be vacated and that he be permitted to defend on the merits due to him having a reasonable excuse...

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