Opinion
October 3, 1994
Appeal from the Supreme Court, Putnam County (Dickinson, J.).
Ordered that the order is modified, on the law, by adding a provision thereto that, upon searching the record, summary judgment is granted to the defendant dismissing the action; as so modified, the order is affirmed, with costs to the defendant.
Absent a jurisdictional challenge, a final judgment entered upon the defendant's default in appearing in an action is conclusive and entitled to be given full faith and credit in the courts of this State (see, Fiore v. Oakwood Plaza Shopping Ctr., 78 N.Y.2d 572, cert denied ___ US ___, 113 S Ct 75; Steinberg v Metro Entertainment Corp., 145 A.D.2d 333). However, based upon the record before us, it appears that the plaintiff failed to satisfy the requirements for proper service of process pursuant to rule 4:4-4 of the courts of the State of New Jersey (see, Houie v. Allen, 192 N.J. Super. 517, 471 A.2d 429). Thus, the Supreme Court properly found that the judgment in question was not entitled to full faith and credit. Accordingly, we have searched the record and have granted summary judgment to the defendant dismissing the complaint. Bracken, J.P., Sullivan, O'Brien and Joy, JJ., concur.