SCHACKER REAL ESTATE CORP. v. 553 BURNSIDE AVENUE, LLC

2014-11876

133 A.D.3d 586 (2015)

20 N.Y.S.3d 91

2015 NY Slip Op 07963

SCHACKER REAL ESTATE CORP., Respondent, v. 553 BURNSIDE AVENUE, LLC, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 4, 2015.


In an action to recover a brokerage commission, the defendant appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), dated October 23, 2014, which denied its motion to vacate a judgment of the same court dated April 4, 2014, entered against it upon its failure to appear or answer the complaint.

Ordered that the order is reversed, on the facts and in the exercise of discretion, and the defendant's motion to vacate the judgment entered against it...

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