Bruce Supply Corp. v. New Wave Mechanical

This opinion is uncorrected and subject to revision before publication in the Official Reports. DECISION & ORDER (Index No. 9799/01) In an action, inter alia, to recover payment for goods sold and delivered, the plaintiff appeals, as limited by its brief, from so much of (1) an order of the Supreme Court, Kings County (Silverman, J.H.O.), entered August 22, 2002, as, after a hearing upon the defendants' motion pursuant to CPLR 5015 to vacate a judgment of the same court dated August 24, 2001, entered upon the defendants' failure to appear or answer, held that service of process on the defendant New Wave Mechanical, Inc., was improperly effected, and (2) an order of the same court (Dowd, J.), dated February 19, 2003, as granted that branch of the defendants' motion which was to vacate the judgment entered against the defendant New Wave Mechanical, Inc., upon its failure to appear or answer and for leave to serve their answer.