In a dispute involving home improvements which plaintiff was hired to perform for defendants, defendants did not answer and plaintiff was given a default judgment. Defendants moved to vacate, pursuant to CPLR 5015(a)(5), on the sole ground that they never received process or other notice of the suit until after the judgment was issued and their bank account was frozen.

In opposing the motion, plaintiff alleged that service of process was effected upon defendants' doorman as a person of suitable age and discretion, followed by the requisite mailing and the filing of an affidavit of service, as permitted by CPLR 308(2). Plaintiff also offered into evidence, by affidavit, a follow-up notice advising defendants of the suit, pursuant to CPLR 3215(g).

The Second Department said that the motion to vacate was premature, and ordered a hearing to determine whether service of process had been effected, thereby resolving the jurisdictional issue, in CLE Assoc., Inc. v. Greene, which was decided on August 7, 2007. The court said that, in the absence of that hearing, it was impossible to say whether defendants had a meritorious defense and a reasonable excuse for failing to appear, both of which would be necessary for their motion to be granted.