HOMEMAKERS INC., OF LONG ISLAND v. WILLIAMS


122 A.D.2d 934 (1986)

Homemakers Inc., of Long Island, True Name Upjohn Health Care Services, Inc., Respondent, v. Robert Williams et al., Appellants

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

August 25, 1986


Order affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, the record discloses that the court properly exercised its discretion in granting, in part, the plaintiff's motion to vacate a prior order, dated May 22, 1984, which was based upon an earlier motion made by the defendant Robert Williams. The prior order was apparently granted upon default due to a clerical error through which the said defendant's motion was placed upon the...

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