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Enright v. Vasile

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 543 (N.Y. App. Div. 1997)

Opinion

April 28, 1997


In an action to recover damages for intentional infliction of emotional distress, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Underwood, J.), dated August 24, 1995, as denied his motion to vacate a default judgment entered against him.

Ordered that the order is affirmed insofar as appealed from, with costs.

In his first motion to vacate the default judgment the defendant failed to raise the claim that the court lacked personal jurisdiction over him because of improper service. Thus, the defendant waived this issue ( see, Skyline Agency v. Ambrose Coppotelli, Inc., 117 A.D.2d 135, 140; Matter of Springs v Springs, 234 A.D.2d 552; Matter of Baer v. Lipson, 194 A.D.2d 787), and the Supreme Court properly denied the defendant's second motion to vacate the default judgment entered against him.

The defendant's remaining contentions are without merit. Miller, J.P., Thompson, Joy and Luciano, JJ., concur.


Summaries of

Enright v. Vasile

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 543 (N.Y. App. Div. 1997)
Case details for

Enright v. Vasile

Case Details

Full title:SHEILA ENRIGHT, Formerly Known as SHEILA VASILE, Respondent, v. CARMINE…

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

Date published: Apr 28, 1997

Citations

238 A.D.2d 543 (N.Y. App. Div. 1997)
657 N.Y.S.2d 901

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