D'ARATA v. NY POST

Index No. 101414/21 Appeal No. 17478 Case No. 2022-03409.

214 A.D.3d 449 (2023)

183 N.Y.S.3d 736

2023 NY Slip Op 01232

Vincent D'Arata, Appellant, v. The NY Post, Respondent.

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

Decided March 9, 2023.


Attorney(s) appearing for the Case

Vincent D'Arata, appellant pro se.

Davis Wright Tremaine LLP, New York ( Laura R. Handman of counsel), for respondent.

Concur—Webber, J.P., Kern, Oing, Friedman, González, JJ.


Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered May 11, 2022, which denied plaintiff's motion for a default judgment and sua sponte dismissed the complaint for lack of personal jurisdiction due to improper service, unanimously modified, on the law and in the exercise of discretion, to reinstate the complaint and extend defendant's time to file a response to the complaint to 30 days after the date of entry of this order, and otherwise affirmed, without...

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