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MS BERKOFF CO. INC. v. McGUIRE

NO. 2015-1075KC

54 Misc.3d 82 (2017)

48 N.Y.S.3d 870

2017 NY Slip Op 27017

M.S. BERKOFF COMPANY, INC., BERKOFF FOX SUPPLY SOURCE DIV., Appellant, v. SCOTT McGUIRE, Doing Business as GREAT EASTERN CONTRACTING, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided January 20, 2017.

Attorney(s) appearing for the Case

Amos Weinberg , Great Neck, for appellant.

ALIOTTA, J.P., PESCE and SOLOMON, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the orders are affirmed, without costs.

In this action to recover the principal sum of $2,535.94 based on an account stated and breach of contract, plaintiff obtained a default judgment against defendant and successfully executed thereon in the amount of $3,213.31. Thereafter, defendant moved to vacate the default judgment, which motion was granted. Defendant then interposed a counterclaim for "conversion...

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