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PRESCOTT v. KRAMER CHEMICALS, INC.

300 A.D.2d 462 (2002)

750 N.Y.S.2d 895

EVERSLEY PRESCOTT et al., Respondents, v. KRAMER CHEMICALS, INC., Defendant and Third-Party Plaintiff-Appellant. UNITED RESIN CORPORATION, Third-Party Defendant-Appellant.

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

Decided December 16, 2002.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting the plaintiffs' motion to vacate the judgment entered on their failure to oppose the cross motion of the defendant third-party plaintiff, Kramer Chemicals, Inc., in which the third-party defendant joined, inter alia, pursuant to CPLR 3216 to dismiss the complaint for failure...

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