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SIMON v. INZERILLO POOLS LTD.

296 A.D.2d 488 (2002)

745 N.Y.S.2d 478

LLOYD N. SIMON, Appellant, v. INZERILLO POOLS LTD., Doing Business as SWIMMING POOLS BY JACK ANTHONY, INC., Respondent.

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

Decided July 15, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court granted the plaintiff leave to enter a judgment against the defendant upon its failure to appear or answer. The defendant moved to vacate the judgment and the Supreme Court granted that motion on August 6, 2001. The plaintiff's papers in opposition to the motion to vacate did not arrive until after the Supreme Court rendered its decision. Upon accepting the plaintiff's papers...

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