VITA v. ALSTOM SIGNALING, INC.


308 A.D.2d 582 (2003)

764 N.Y.S.2d 864

DAVID VITA et al., Respondents, v. ALSTOM SIGNALING, INC., Appellant.

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

Decided September 29, 2003.


Ordered that the order dated December 19, 2002, is reversed insofar as appealed from, on the law and as a matter of discretion, that branch of the defendant's motion which was for leave to renew is granted, upon renewal, the order dated November 21, 2002, is vacated, that branch of the plaintiffs' motion which was for leave to enter a default judgment is denied, the branches of the motion which were to vacate the default and to compel the plaintiffs to accept the answer are...

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