HAZEN v. BOTTIGLIERI


286 A.D.2d 708 (2001)

730 N.Y.S.2d 445

APRIL HAZEN et al., Appellants, v. CARMINE BOTTIGLIERI et al., Respondents.

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

Decided September 17, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the judgment is reinstated.

CPLR 5015 (a) (1) provides that a court may relieve a party from a judgment or order on the ground of excusable default on motion if that motion is made within one year after service of the judgment or order with written notice of entry. Here, the judgment dated July 20, 1999, awarding damages to the plaintiffs after an inquest, was served with notice...

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