WEICHERT, SUSAN M. v. BROWN, ROY A.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered June 23, 2014. The order granted defendant’s motion to vacate a default judgment.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiff appeals from an order granting defendant’s motion to vacate a default judgment pursuant to CPLR 5015 (a) (1), contending that defendant was never in default and thus that Supreme Court erred in entertaining defendant’s motion. We reject that contention, inasmuch as the record establishes that defendant did not…
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