Court denied plaintiff's motion for default judgment because the proof of service was deficient under CPLR 308, 311 and 3215; it also noted that plaintiff himself signed an affidavit of service despite being a party to the action.
Court source ↗Frank Tufano v. Jake Levy et al
620245/2024 · New York State Supreme Court
Defendants
Source record
This page separates court findings, party filings, research classifications and public statements. Unknown or unresolved fields remain labelled as such.
Outcome and research status
Outcome reason: On August 26, 2025 the court denied plaintiff's default-judgment motion because the proof of service did not satisfy CPLR 308/311/3215 and plaintiff himself had signed an affidavit of service despite being a party. NYSCEF now marks the case Disposed, but the public document list does not show a later final-disposition document explaining that status.
Research status: Partially researched
Research notes: NYSCEF Case Status: Disposed. Plaintiff's Dec. 8, 2025 filing states he had been attempting service since 'the previous lawsuit' and attaches service records identifying federal case 3:23-CV-02106 (C039), involving the same Levy/Better Life defendants. This supports the refiling relationship, but the precise NYSCEF disposition basis remains unclear.
Related litigation
- Previous related case: 3:23-cv-02106 — Tufano v. Levy et al
- Dispute group: Better Life / Levy product dispute
Court findings
Filing-restriction indicators
Strength labels are research classifications, not judicial declarations that the litigant is vexatious.
NYSCEF filings link the later Levy/Better Life action to federal case C039; the New York court later denied default judgment because the proof of service was deficient. The precise final NYSCEF disposal basis remains unclear.
Source ↗