Whitbeck v. Erin's Isle, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWeiss, J.
Appeal from an order of the Supreme Court at Special Term (Kahn, J.), entered July 3,1984 in Greene County, which denied defendant’s motion to reconsider* its prior motion to vacate a default judgment entered against it.
The facts are relatively simple. Plaintiffs, unable to effect personal service of process upon defendant in an action to recover damages for personal injuries allegedly sustained December 24, 1981 as the result of a fall by plaintiff Richard Whitbeck in the parking lot outside defendant’s tavern, effected service upon the Secretary of State on May 5, 1982 pursuant to Business…
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