Kaiser v. J & S Realty, Inc.

Appeal from an order of the Supreme Court (Williams, J.), entered April 21, 1992 in Sullivan County, which, inter alia, denied defendant’s motion to vacate a default judgment entered against it.

In June 1988, judgment was entered in favor of plaintiffs upon defendant’s default in answering or appearing. Defendant’s subsequent oral motion to vacate the default judgment upon the ground that it was never served with the summons and complaint was granted by Supreme Court. Upon appeal, we reversed because the record contained no evidence in support of the motion (173 AD2d 920). Defendant has now…