Waggaman v. Vernon

In an action, inter alia, to recover damages for intentional infliction of emotional distress, etc., the plaintiff appeals from an order of the Supreme Court, Kings County (Sweeney, J.), dated February 4, 2013, which denied his motion for leave to enter a default judgment against the defendant David Vernon upon his failure to appear or answer, and granted that defendant’s cross motion pursuant to CPLR 306-b to dismiss the complaint insofar as asserted against him.

Ordered that the order is affirmed, with costs.

With exceptions not relevant here, under CPLR 306-b, service of the summons and…