Opinion
411, 412
March 6, 2003.
Orders, Supreme 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.
Stephen Vlock, for plaintiff-appellant.
Joseph A. Altman, for defendant-respondent.
Before: Tom, J.P., Buckley, Rosenberger, Williams, Friedman, JJ.
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 (see CPLR 5015[a][4]; Shaw v. Shaw, 97 A.D.2d 403).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.