Weinberg v. Hillbrae Builders, Inc.

— Order of the Supreme Court, New York County, entered March 20, 1975, vacating and setting aside judgment previously entered on default against defendant Daniel Hochman for $2,867 and vacating a third-party order served on the Chemical Bank of Woodbury, New York, in which the bank account of said defendant was attached, unanimously affirmed, with $40 costs and disbursements to respondent. Special Term on the basis of affidavits correctly held that "[t]here is no proof whatever that this defendant was ever served in the action, by substituted service or otherwise.” Although a court may take…