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WIDELEC v. SILBERSTEIN

187 Misc.2d 853 (2001)

726 N.Y.S.2d 230

LILY WIDELEC, Claimant, v. ABRAHAM SILBERSTEIN et al., Respondents.

Civil Court, Queens County.

April 9, 2001.

Attorney(s) appearing for the Case

Serpe, Andre & Kaufman, Huntington (Scott Elerman of counsel), for Abraham Silberstein, respondent.

Deegan & Deegan, L. L. P., Hempstead (Donald E. Deegan of counsel), for Efrain Lopez and another, respondents.

Jerrold N. Cohen, Mineola, for claimant.

OPINION OF THE COURT

KEVIN J. KERRIGAN, J.

May a defaulting defendant who failed to appear and participate in a small claims arbitration have the subsequent award vacated without establishing the necessary grounds for vacatur pursuant to CPLR 7511? For the reasons stated below, this Court answers the question in the affirmative.

This small claims1 action arises from a motor...

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