Rosenbaum v. Scott

In an action to recover on three promissory notes, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated July 11, 1995, which granted the defendant’s motion to vacate a judgment entered upon his default in appearing for a deposition.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Queens County, for a hearing on the issue of whether proper service was made upon the defendant in accordance with the requirements of CPLR 2103 Ob) (2) and (c) and a de novo determination on the motion.

After the…