SUTTON v. EZRA


224 A.D.2d 517 (1996)

638 N.Y.S.2d 148

Stephen Sutton et al., Plaintiffs, and Morris Sutton et al., Appellants, v. Joel Ezra et al., Respondents

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

February 13, 1996


Ordered that the order is affirmed, with costs.

In a prior action in which they were being sued for breach of contract, the plaintiffs, citing law office failure, moved to vacate a default judgment which had been entered against them. When the court denied the motion, the plaintiffs moved to renew. By order dated December 1, 1993, the Supreme Court granted the motion and upon doing so, adhered to its original determination.

In light of the fact that the plaintiffs...

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