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NAT'L ENTERS. INC. v. CERTILMAN

234 A.D.2d 527 (1996)

651 N.Y.S.2d 173

National Enterprises Incorporated, Appellant, v. Morton Certilman, Respondent

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

December 23, 1996

Ordered that the appeal from the order entered December 21, 1995, is dismissed, as no appeal lies from an order made upon the default of the aggrieved party (see, CPLR 5511); and it is further,

Ordered that the order entered May 16, 1996, is reversed, as a matter of discretion, the plaintiff's motion, in effect, to vacate its default is granted, the order entered December 21, 1995, is vacated, and the matter is remitted to the Supreme Court, Nassau County,...

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