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AMB FUND v. WWTL LOGISTICS

2010-2445 Q C.

35 Misc.3d 8 (2012)

942 N.Y.S.2d 307

2012 NY Slip Op 22025

AMB FUND III NEW YORK III & IV, LLC, Respondent, v. WWTL LOGISTICS, INC., Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided January 26, 2012.

Attorney(s) appearing for the Case

Law Offices of David A. Day, P.C., Great Neck ( David A. Day of counsel), for appellant. Lewis Johs Avallone Aviles, LLP, Melville ( Seth M. Weinberg of counsel), for respondent.

WESTON, J.P., PESCE and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, without costs.

In this commercial nonpayment summary proceeding, WWTL Logistics, Inc. (tenant) moved to vacate a default judgment entered against it and to dismiss the petition as against it, arguing that the court lacks personal jurisdiction over it because it was not properly served or, in the alternative, that it should be permitted...

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