De Capua v. Morrissey

Order unanimously reversed, without costs, and motion granted for the reasons and upon the conditions set forth in the following memorandum: Defendant appeals from an order denying his motion to vacate a default judgment taken against him in an action arising out of an accident which occurred at defendant’s residence resulting in injuries to the infant plaintiff. On a prior appeal in this action we reversed an earlier order of Supreme Court, Monroe County, vacating a default judgment stating that "defendant’s attempt to establish lack of personal jurisdiction falls far short of the showing…