Sturino v. Nino Tripicchio & Son Landscaping
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover on a promissory note, the defendants appeal from an order of the Supreme Court, Westchester County (DiBella, J.), entered July 17, 2008, which denied those branches of their motion which were, in effect, pursuant to CPLR 5015 (a) (4) to vacate a clerk’s judgment of the same court dated March 11, 2008, entered upon their default in appearing or answering the complaint or, in the alternative, pursuant to CPLR 317 to vacate the default of the defendants Nino Tripicchio & Son Landscaping and Nino Tripicchio.
Ordered that the order is affirmed, with costs.
The…
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