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NIAGARA PRECISION, INC. v. JAYBRAKE ENTERPRISES, INC.

272 A.D.2d 954 (2000)

708 N.Y.S.2d 690

NIAGARA PRECISION, INC., Appellant, v. JAYBRAKE ENTERPRISES, INC., Respondent.

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

Decided May 10, 2000.

Order unanimously reversed on the law without costs and judgment and restraining notices reinstated.

Memorandum:

Supreme Court erred in vacating the judgment entered by plaintiff and the restraining notices served with respect to the judgment. Contrary to defendant's contention, the only condition precedent to the filing of the judgment was defendant's default in payment. It is undisputed that defendant failed to make a payment by

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