Howard Johnson International, Inc. v. Wang
District Court, S.D. New York
1Opinion of the Court
MEMORANDUM DECISION
CHIN, District Judge.
Defendant George Wang moves to vacate a default judgment entered against him on November 27, 1996 for failure to answer or move within the time permitted. Wang argues that he was not properly served pursuant to Fed.R.Civ.P. 4(e). Accordingly, he insists that the judgment is void and must be set aside. See Fed.R.Civ.P. 60(b)(4). In addition, he seeks dismissal of the complaint on the ground that proper proof of service was not filed with the Clerk of the Court within 120 days of the filing of this action.
For the reasons that follow, I hold that Wang was…
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