ZAIDI v. NEW YORK BUILDING CONTRACTORS, LTD.


61 A.D.3d 747 (2009)

877 N.Y.S.2d 381

ZAHID ZAIDI, Respondent, v. NEW YORK BUILDING CONTRACTORS, LTD., et al., Defendants and Third-Party Plaintiffs-Appellants. LTC ELECTRIC, INC., Third-Party Defendant-Respondent.

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

Decided April 14, 2009.


Ordered that the order dated April 10, 2008 is reversed, on the law, the facts, and in the exercise of discretion, with costs, that branch of the defendants' motion which was to vacate their default in appearing at the trial and inquest and to restore the action to the trial calendar is granted, and the matter is remitted to the Supreme Court, Queens County, for a hearing on the issue of whether the defendants were properly served with the third-party defendant's motion for...

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