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GREEN 333 CORP. v. RNL LIFE SCIENCE, INC.

Index No. 162629/14. Appeal No. 13116N. Case No. 2020-02762.

191 A.D.3d 506 (2021)

138 N.Y.S.3d 322

2021 NY Slip Op 00908

Green 333 Corp., Appellant, v. RNL Life Science, Inc., Respondent.

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

Hollis Laidlaw & Simon P.C., Mount Kisco ( David Simon of counsel), for appellant.

The Law Office of Jeffrey F. Cohen, Bronx ( Jeffrey F. Cohen of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Singh, Mendez, JJ.

"If the defaulting defendant asserts that the court lacked personal jurisdiction over him or her, the defendant should seek dismissal of the action under CPLR 5015(a)(4)" (Caba v Rai, 63 A.D.3d 578, 580 [1st Dept 2009]). Absent proper service, a default judgment may be vacated at any time (see Roseboro v Roseboro, 131 A.D.2d 557 [2d Dept 1987]), as it is void (see McMullen v Arnone,<...

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