Balancio v. Santorelli

—In an action to recover damages for wrongful death, the defendants Alfredo Santorelli,, Roseanne Santorelli, and Anthony Santorelli appeal from an order of the Supreme Court, Westchester County (Donovan, J.), entered December 11, 1998, which denied, without a hearing, their motion to vacate a judgment of the same court, entered September 2, 1997, upon their default in appearing and answering.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for a hearing on the issue of whether proper service of process was…