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VELEZ v. FORCELLI

2014-06119, Index No. 10281/10

125 A.D.3d 643 (2015)

ANGELA VELEZ, Respondent, v. JOHN FORCELLI, Appellant.

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

Decided February 4, 2015.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for a hearing to determine whether the defendant was properly served with process, and for a new determination of the defendant's motion thereafter.

Under CPLR 5015(a)(4), a default must be vacated once a movant demonstrates lack of personal jurisdiction (see Hossain...

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