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ICON EQUIPMENT DISTRIBUTORS, INC., Respondent, v. GORDON ENVIRONMENTAL MECHANICAL CORP., Defendant, and GURPAL CHEEMA, Appellant.

Ordered that the order is affirmed, with costs.

After a hearing on the issue of service of process, it was determined that the summons and complaint were properly served upon the appellant Gurpal Cheema pursuant to CPLR 308(1). In the absence of a showing of improper service or a meritorious excuse for the default, the appellant's motion to vacate his default in answering the summons and complaint was properly denied ( see, CPLR 5015[a][1], [4]).

Moreover, contrary to the appellant's contention, the plaintiff did not abandon the action. Within one year of the appellant's default, the plaintiff filed a notice of pendency with the Kings County Clerk and moved for a severance and a transfer of this action from Richmond County to Kings County ( see, Home Say. v. Gkanios, 230 A.D.2d 770, 771; Patterson v. Patterson, 220 A.D.2d 731, 732; Ingenito v. Grumman Corp., 192 A.D.2d 509, 510-511).

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ICON EQPT. DIS. v. GORDON ENVIR. MECH
(May 30, 2000)