MARSTON v. COLE

NO. 301370/09, 3016N

147 A.D.3d 678 (2017)

48 N.Y.S.3d 116

2017 NY Slip Op 01489

KARL MARSTON, Appellant, v. DAVID COLE et al., Respondents, et al., Defendants.

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

Decided February 28, 2017.


Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about June 12, 2015, which denied plaintiff Karl Marston's motion to vacate an order, entered on default, granting defendants Steven Berrin's motion and David Cole's cross motion to amend their respective answers to include the affirmative defenses of the statute of limitations and equitable estoppel, and to dismiss the complaint, affirmed, without costs.

The court may grant a motion to vacate a default...

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