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REBEIL CONSULTING CORP. v. KAPPA REALTY CORP.

244 A.D.2d 540 (1997)

664 N.Y.S.2d 617

Rebeil Consulting Corp., Respondent, v. Kappa Realty Corporation et al., Appellants, et al., Defendants

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

November 24, 1997

Ordered that the first order dated August 29, 1996, is affirmed; and it is further,

Ordered that the appeal from the second order dated August 29, 1996, is dismissed, as no appeal lies from an order issued ex parte (see, Shaikh v Getty Petroleum Corp., 240 A.D.2d 651); and it is further,

Ordered that the respondent is awarded one bill of costs.

In order to establish entitlement to vacatur of a default...

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