FINNEGAN v. TRIMARCO

2018-08651, Index No. 606508/17.

173 A.D.3d 691 (2019)

103 N.Y.S.3d 459

2019 NY Slip Op 04361

Richard J. Finnegan, Respondent, v. Joseph Trimarco et al., Appellants.

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

Decided June 5, 2019.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a hearing to determine whether the defendants were properly served with process, and a new determination thereafter of that branch of the defendants' motion which was, in effect, pursuant to CPLR 5015(a)(4) to vacate the judgment and dismiss the complaint.

On or about June 14, 2017, the plaintiff commenced this action...

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