Dolson v. DiPietro

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Putnam County (Hickman, J.), dated May 13, 1997, which granted the defendant’s motion (1) to vacate a judgment entered upon her failure to appear or answer the complaint, and (2) to dismiss the action.

Ordered that the order is affirmed, with costs.

The plaintiffs conceded at the Supreme Court that service was not properly made on the defendant pursuant to CPLR 308 (2). Thus, we do not consider the plaintiffs’ contention that service was properly made pursuant to CPLR 308 (2)…