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ALTER v. CHERVIN

133 A.D.2d 795 (1987)

Yevgeniya Alter, Appellant, v. Aron Chervin, Respondent, et al., Defendant

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

October 26, 1987

Ordered that the order is reversed, in the exercise of discretion, with costs, and the motion is denied.

We find that the respondent's motion to vacate the default judgment entered against him should have been denied. In his affidavit of merit, the respondent acknowledged an awareness of the hazardous condition which allegedly caused the plaintiff to sustain injuries, and additionally stated that his failure to correct the...

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