Daulat v. Helms Bros.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*411In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated July 15, 2005, which denied his motion, in effect, to vacate an order of the same court dated November 4, 2004, granting the defendant’s motion for summary judgment on its counterclaim upon his failure to oppose the motion.
Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for a hearing on the issue of whether the plaintiff was properly served…
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