Haberman v. Simon

Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about March 18, 2002, which, in an action by a residential building owner for trespass and other wrongdoing, held defendants’ motion to vacate the default judgment against them and plaintiffs motion for contempt involving its efforts to enforce the default judgment in abeyance pending receipt of a special referee’s report on the issue of proper service of process, unanimously affirmed, without costs.

An issue of fact as to whether plaintiffs process server personally delivered the summons and complaint to defendant David…