CYPRESS HILLS MANAGEMENT, INC. v. LEMPENSKI

2018-06227, Index No. 508900/14.

173 A.D.3d 830 (2019)

104 N.Y.S.3d 137

2019 NY Slip Op 04677

Cypress Hills Management, Inc., et al., Respondents, v. Robert J. Lempenski, Appellant.

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

Decided June 12, 2019.


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a determination of the motion on the merits.

After defaulting in this action, the defendant attempted to move by order to show cause to vacate his default, asserting that the Supreme Court did not have jurisdiction over him because he had never been served. The Supreme Court, Kings County (Devin P. Cohen, J.), did not sign...

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