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ISLAND SEAFOOD, INC. v. ANCHOR FISH DISTRIBUTORS, LTD.

269 A.D.2d 426 (2000)

703 N.Y.S.2d 216

ISLAND SEAFOOD, INC., Appellant, v. ANCHOR FISH DISTRIBUTORS, LTD., Respondent. RUSSELL K. STATMAN, Nonparty Appellant.

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

Decided February 14, 2000.

Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, and upon renewal, the plaintiff's motion to vacate the order dated August 3, 1998, is granted unconditionally, and that order is vacated.

The Supreme Court has the discretion to grant a motion to vacate a prior order granted on default upon such terms as may be just (see, CPLR 5015 [a]; see, e.g., Workman v Amato, 231 A.D.2d 627

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