HSBC Bank USA v. A&R Trucking Co.

Order, Supreme Court, New York County (Richard F. Braun, J.), entered February 2, 2009, which granted defendant Mamalakis’s motion to vacate a default judgment, directed plaintiff to restore any amounts taken from her checking account, and dismissed this action against her, unanimously affirmed, with costs.

In moving to vacate the judgment, Mamalakis alleged that process was not properly served in accordance with the “nail and mail” provision of CPLR 308 (4). After a traverse hearing, the court vacated the judgment and dismissed this action (see *607NYCTL 2004-A Trust v Faysal, 62 AD3d 409 [2009])…