Pallette Stone Corp. v. Ebert
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Viscardi, J.), entered August 5, 1993 in Saratoga County, which denied defendant’s motion to vacate a default judgment entered against him.
*808Plaintiff commenced this action on November 7, 1989 by personal service of a summons with notice upon defendant. Avowedly taking the position that the service did not confer jurisdiction over him because he had never filed a certificate of doing business under the name of Ebert’s Paving, defendant did not appear in the action. Plaintiff subsequently sought and obtained a default judgment in the amount of…
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