Owens v. Freeman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from, an order of the Supreme Court (Platkin, J.), entered November 20, 2008 in Albany County, which denied defendant’s motion to vacate a default judgment entered against him.
Plaintiffs commenced this action to recover damages for defendant’s breach of contract, but were unable to serve the summons and complaint until 130 days later, when process was served pursuant to CPLR 308 (2) at defendant’s last known address in New Jersey. Approximately one month later, after defendant failed to appear in the action, plaintiffs moved ex parte for a nunc pro tunc extension of the time for…
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