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MALONEY v. McMILLAN BOOK CO.

52 Misc.2d 1006 (1967)

Francis P. Maloney et al., as Trustees under the Will of Guy E. Hamlin, Deceased, Plaintiffs, v. McMillan Book Company, Inc., Defendant.

City Court, City of Syracuse.

February 23, 1967

Attorney(s) appearing for the Case

Mackenzie, Smith, Lewis, Michell & Hughes (John F. Lawton of counsel), for plaintiffs. Hancock, Ryan, Shove & Hust (John R. Varney of counsel), for defendant.

JOSEPH F. FALCO, J.

Plaintiffs move for an order vacating a default judgment in favor of the plaintiffs entered in the City Court of Syracuse, New York, on the 26th day of January, 1965. This motion is made pursuant to CPLR 5015 and pursuant to the court's inherent powers to amend, modify or rescind its prior orders or judgments.

The facts surrounding this motion are basically uncontroverted. The defendant leased certain premises in the City of...

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