SHERRI BUILDERS CORP. v. AMER


280 A.D.2d 540 (2001)

720 N.Y.S.2d 380

SHERRI BUILDERS CORP., Respondent, v. SCOTT AMER et al., Appellants, et al., Defendants.

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

Decided February 13, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to vacate the judgment is granted, and the judgment dated March 9, 1998, is vacated.

The Supreme Court erred in denying the appellants' motion to vacate the judgment dated March 9, 1998, as that judgment was issued in error (see, CPLR 5019 [a]; Herpe v Herpe, 225 N.Y. 323; Osamwonyi v...

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