Cadlerock Joint Venture, L.P. v. Uddin

Appellate Division of the Supreme Court of New York

Cadlerock Joint Venture, L.P. v. Uddin

303 A.D.2d 188, 755 N.Y.S.2d 597, 2003 N.Y. App. Div. LEXIS 2214

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 6, 2003

StatusPublished

This text of 303 A.D.2d 188 (Cadlerock Joint Venture, L.P. v. Uddin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cadlerock Joint Venture, L.P. v. Uddin, 303 A.D.2d 188, 755 N.Y.S.2d 597, 2003 N.Y. App. Div. LEXIS 2214 (N.Y. Ct. App. 2003).

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Opinion

Orders, [189]*189Supreme Court, Bronx County (Jerry Crispino, J.), entered on or about January 7, 2002 and on or about May 31, 2002, respectively, which, inter alia, granted defendant Jalal Uddin’s motion to vacate the default judgment entered against him and dismissed the action as against him for lack of personal jurisdiction, unanimously affirmed, without costs.

Vacatur of the default judgment and dismissal of action as against defendant Uddin was proper in view of the unrefuted proof that Uddin had never been served with process and thus that personal jurisdiction over him had never been obtained Csee CPLR 5015 [a] [4]; Shaw v Shaw, 97 AD2d 403 [1983]). Concur — Tom, J.P., Buckley, Rosenberger, Williams and Friedman, JJ.

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Orders, [189]*189Supreme Court, Bronx County (Jerry Crispino, J.), entered on or about January 7, 2002 and on or about May 31, 2002, respectively, which, inter alia, granted defendant Jalal Uddin’s motion to vacate the default judgment entered against him and dismissed the action as against him for lack of personal jurisdiction, unanimously affirmed, without costs.

Vacatur of the default judgment and dismissal of action as against defendant Uddin was proper in view of the unrefuted proof that Uddin had never been served with process and thus that personal jurisdiction over him had never been obtained Csee CPLR 5015 [a] [4]; Shaw v Shaw, 97 AD2d 403 [1983]). Concur — Tom, J.P., Buckley, Rosenberger, Williams and Friedman, JJ.

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303 A.D.2d 188, 755 N.Y.S.2d 597, 2003 N.Y. App. Div. LEXIS 2214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cadlerock-joint-venture-lp-v-uddin-nyappdiv-2003.

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