CONCH ASSOCS., INC. v. MERCURY, INC.


245 A.D.2d 538 (1997)

666 N.Y.S.2d 499

Conch Associates, Inc., Appellant, v. Mercury, Inc., Respondent, et al., Defendants

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

December 29, 1997


Ordered that on the Court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order entered February 21, 1997, is reversed, on the law and as a matter of discretion, with costs, so much of the order dated February 7, 1996, as granted the motion of the defendant Mercury, Inc., to vacate a judgment entered against it upon its default...

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