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ESTATE OF TAYLOR v. MORENO

294 A.D.2d 821 (2002)

740 N.Y.S.2d 899

ESTATE OF FRANK TAYLOR, Deceased, by WINTHROP H. PHELPS, as Executor, Appellant, v. PRESCILLA O. MORENO, Respondent.

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

Decided May 3, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Supreme Court did not abuse its discretion in granting the motion of defendant to vacate a default judgment entered against her as a consequence of her failure to answer the complaint (see Smith v Smith, 291 A.D.2d 828; Steinbarth v Otis El. Co., 244 A.D.2d 930). Defendant demonstrated...

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