Town House St., LLC v. New Fellowship Full Gospel Baptist Church, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, for the partition and sale of real property, the defendant New Fellowship Full Gospel Baptist Church appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated February 16, 2005, which denied its motion to vacate an interlocutory judgment of partition and sale of the same court, dated September 15, 2004, entered upon its default in answering or appearing, to vacate that default, and for leave to interpose an answer.
Ordered that the order is affirmed, with costs.
To vacate the interlocutory judgment based on excusable default, the appellant was…
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