Dominguez v. Carioscia
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*397In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Rockland County (Weiner, J.), dated October 7, 2002, which granted the motion of the defendants Matthew Carioscia and Elaine R. Carioscia to vacate a judgment of the same court dated April 9, 2002, entered upon their default in appearing or answering.
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, and the judgment is reinstated.
A defendant seeking to vacate a default judgment pursuant to CPLR 5015 (a) (1) must…
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