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NEWSOME v. AKINS

6 A.D.3d 512 (2004)

774 N.Y.S.2d 405

LOUDETTE NEWSOME et al., Respondents, v. WALTER AKINS, Appellant.

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

April 12, 2004.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiffs' motion to vacate its prior order granting the defendant's motion to strike the complaint and dismissing the action upon the plaintiffs' default in opposing the motion (see Holt Const. Corp. v J & R Music World, 294 A.D.2d 540 [2002]; Almonte v Latortue, 293 A.D.2d 431...

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