Enright v. Vasile
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for intentional infliction of emotional distress, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Underwood, J.), dated August 24, 1995, as denied his motion to vacate a default judgment entered against him.
Ordered that the order is affirmed insofar as appealed from, with costs.
In his first motion to vacate the default judgment the defendant failed to raise the claim that the court lacked personal jurisdiction over him because of improper service. Thus, the defendant waived this issue (see, Skyline…
2Cases cited3 opinions
- Skyline Agency, Inc. v. Ambrose Coppotelli, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Springs v. SpringsAppellate Division of the Supreme Court of the State of New York · 1996
- Baer v. LipsonAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by2 opinions
- Hodges v. BeattieAppellate Division of the Supreme Court of the State of New York · 2009
- Vasile v. UnderwoodAppellate Division of the Supreme Court of the State of New York · 1997