ZORAIDA MARTINEZ, plf-ap, v. CHARLES NGUYEN, D.P.M. def, UNION COMMUNITY HEALTH CENTER, INC. defres

9052N-9053N. ZORAIDA MARTINEZ, plf-ap, v. CHARLES NGUYEN, D.P.M. def, UNION COMMUNITY HEALTH CENTER, INC. defres Levine & Grossman, Mineola (Steven Sachs of counsel), for ap — Gabarini & Scher, P.C., New York (Santosh N. Chitalia of counsel), for res — Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered September 29, 2011, which, in this medical malpractice action, granted defendants-respondents' motion to vacate the default judgment entered against defendant Charles Nguyen, and granted their motion to dismiss the claims and cross claims against Nguyen for lack of personal jurisdiction, unanimously affirmed, without costs. Order, same court (Stanley Green, J.), entered on or about March 23, 2012, which denied plaintiff's motion for a default judgment against Nguyen, unanimously affirmed, without costs.

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9052N-9053N. ZORAIDA MARTINEZ, plf-ap, v. CHARLES NGUYEN, D.P.M. def, UNION COMMUNITY HEALTH CENTER, INC. defres Levine & Grossman, Mineola (Steven Sachs of counsel), for ap — Gabarini & Scher, P.C., New York (Santosh N. Chitalia of counsel), for res — Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered September 29, 2011, which, in this medical malpractice action, granted defendants-respondents’ motion to vacate the default judgment entered against defendant Charles Nguyen, and granted their motion to dismiss the claims and cross claims against Nguyen for lack of personal jurisdiction, unanimously affirmed, without costs. Order, same court (Stanley Green, J.), entered on or about March 23, 2012, which denied plaintiff’s motion for a default judgment against Nguyen, unanimously affirmed, without costs.

The court (Aarons, J.) properly vacated the default judgment against Nguyen for lack of personal jurisdiction (see CPLR 5015 [a] [4]). The law of the case doctrine does not preclude vacatur in this case, as a court never found that service upon Nguyen was properly effectuated (cf. Morrison Cohen, LLP v. Fink, 92 AD3d 514, 515 [1st Dept 2012], lv denied 19 NY3d 1017 [2012]).

ZORAIDA MARTINEZ, plf-ap, v. CHARLES NGUYEN, D.P.M. def, UNION COMMUNITY HEALTH CENTER, INC. defres

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