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PECK v. ERNST BROS., INC.

81 A.D.2d 940 (1981)

Harold Peck et al., Appellants, v. Ernst Brothers, Inc., Respondent

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

May 7, 1981

Plaintiffs entered a default judgment against defendant on May 23, 1978. Defendant's motion to vacate was denied and the resultant order was affirmed by this court (Peck v Ernst Bros., 73 A.D.2d 735). On February 15, 1980, defendant again moved to vacate the default judgment on different grounds. The motion was granted. The order was entered and a copy with notice of entry was served on plaintiff's attorney on June 2, 1980. On June...

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