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HORVATH v. GRID REALTY CORP.

64 A.D.2d 691 (1978)

Donna Horvath, Respondent, v. Grid Realty Corp., Appellant, et al., Respondent

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

July 31, 1978

Order, as resettled, affirmed, without costs or disbursements. A default judgment entered against petitioner was vacated pursuant to CPLR 5015 (subd [b]).

The Sheriff's sale from which petitioner sought relief was based upon that default judgment. Since said judgment was vacated, Special Term properly set aside the Sheriff's sale (see CPLR 5015, subd [a], par 5; subd [c]; CPLR 5240).

Gulotta, J., concurs in the result, with the following memorandum...

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