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ITALIAN ELEGANT JEWELRY, LLC v. FTEHA

Index No. 652906/18, Appeal No. 16157, Case No. 2021-04577.

206 A.D.3d 493 (2022)

171 N.Y.S.3d 65

2022 NY Slip Op 03967

Italian Elegant Jewelry, LLC, Respondent-Appellant, v. Leah Fteha, Also Known as Leah Shtainberg-Fteha, et al., Appellants-Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 16, 2022.

Attorney(s) appearing for the Case

Jonathan A. Stein, P.C., Cedarhurst (Jonathan A. Stein, of counsel) for appellants-respondents.

Law Offices of Diana Rubin, Manhasset (Diana Rubin, of counsel) for respondent-appellant.

Concur—Renwick, J.P., Manzanet-Daniels, Kern, Mazzarelli, Shulman, JJ.

The default judgment was properly vacated as against defendants Diamond Mine International, Inc., Diamond Gem Jewelers Corp., and Bergan Diamond and Jewelry Outlet Inc. (the corporate defendants) based on lack of personal jurisdiction, because there was no evidence that they were ever served with the summons and complaint (see generally CPLR 5015[a][4]). Contrary to plaintiff's contention, defendants' counsel did not accept service on their behalf and there is no other...

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