In the underlying action to recover damages for medical malpractice and wrongful death, defendant Barry Goldberg now moved to, among other things, vacate and set aside the 1998 judgment in favor of plaintiff—which was more than $528,000—individually and as the executor of the plaintiff’s late mother’s estate, and against the defendant, based on the alleged misrepresentation and misconduct of the plaintiff in obtaining such default judgment.
In a ruling dated June 25, Brooklyn Supreme Court Justice Genine Edwards granted the defendant’s application to vacate the 25-year-old default judgment, in the substantial interest of justice, citing the lack of service on the defendant of the default judgment with notice of entry and the lack of service on the defendant of notice of inquest, both being the necessary predicates to the enforceability of the default judgment against the defendant.
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