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Marks v. Buongiovanni

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1995
214 A.D.2d 653 (N.Y. App. Div. 1995)

Opinion

April 17, 1995

Appeal from the Supreme Court, Rockland County (Stolarik, J., Scarpino, J.).


Ordered that the appeal from the order and judgment entered April 20, 1994, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated September 3, 1993, is affirmed insofar as appealed from; and it is further,

Ordered that the respondents are awarded one bill of costs.

The Supreme Court's finding that the appellant was personally served was amply supported by the evidence submitted at the hearing to determine the validity of the service of process (see, Occhiuzzi v Occhiuzzi, 108 A.D.2d 799; Altman v Wallach, 104 A.D.2d 391). Accordingly, the court properly denied her motion to vacate the default judgment upon the ground that the plaintiffs never obtained jurisdiction over her (see, CPLR 5015 [a] [4]).

We have considered the appellant's remaining contentions and find them to be without merit. Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.


Summaries of

Marks v. Buongiovanni

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1995
214 A.D.2d 653 (N.Y. App. Div. 1995)
Case details for

Marks v. Buongiovanni

Case Details

Full title:PAUL MARKS et al., Respondents, v. GERALD BUONGIOVANNI et al., Defendants…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 17, 1995

Citations

214 A.D.2d 653 (N.Y. App. Div. 1995)
625 N.Y.S.2d 934

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