Tsirulnik v. Botton

In an action to recover damages for personal injuries, the defendant Nathan Botton appeals from so much of an order of the Supreme Court, Kings County (Kramer, J.), dated May 31, 1996, as, upon the plaintiff’s motion for a judgment on the issue of liability against him upon his failure to answer, granted the plaintiff leave to effectuate service pursuant to CPLR 308 (5).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

The allegations on behalf of the…