Diane v. Ricale Taxi, Inc.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered June 6, 2008, which, in an action for personal injuries sustained when a taxi rear-ended plaintiffs vehicle and left the scene, denied defendant-appellant’s motion to vacate a default judgment and dismiss the action as against him, unanimously modified, on the law and the facts, to grant the motion to the extent of vacating appellant’s default in appearing, and otherwise affirmed, without costs.

Plaintiff fails to show that a judgment was ever issued, much less served on appellant. The only exhibits attached to plaintiffs…