FERRER v. WILLIAMS

Index No. 21955/17, Appeal No. 1421, Case No. 2023-00237.

2024 NY Slip Op 00131

LIDIA FERRER ETC., Plaintiff-Appellant, v. VARGAS WILLIAMS, Defendant-Respondent.

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

Decided January 11, 2024.


Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Lauren Bryant of counsel), for appellant.

Joseph A. Altman, P.C., Fleetwood ( Joseph A. Altman of counsel), for respondent.

Before: Renwick, P.J., Manzanet-Daniels, González, Rodriguez, Pitt-Burke, JJ.


Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered January 9, 2023, which, after a traverse hearing, denied plaintiff's motion for a default judgment and granted defendant's motion to dismiss the complaint, unanimously affirmed, with costs.

Plaintiff failed to demonstrate, by a preponderance of the evidence, proper service of process on defendant (see New Globaltex Co., Ltd. v Zhe Lin, 198 A.D.3d 573, 574 [1st Dept 2021]). Even if plaintiff...

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