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TOYOTA MOTOR CREDIT CORPORATION v. LAM

2011-05628.

93 A.D.3d 713 (2012)

939 N.Y.S.2d 869

2012 NY Slip Op 1809

TOYOTA MOTOR CREDIT CORPORATION, Respondent, v. HARDWARE LAM, Defendant, and ANNA GANSBURG, Appellant.

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

Decided March 13, 2012.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Rockland County, for a hearing to determine whether the defendant Anna Gansburg was properly served with process, and for a new determination of the motion thereafter.

Under CPLR 5015 (a) (4), a default must be vacated once a movant demonstrates lack of personal jurisdiction (see Hossain v Fab Cab Corp., 57 A.D.3d 484

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