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STATMAN v. YAVNE

10 A.D.3d 682 (2004)

781 N.Y.S.2d 743

JOSEPH STATMAN et al., Appellants, v. LIBBY YAVNE et al., Respondents.

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

September 20, 2004.

In an action to foreclose a mortgage, the plaintiffs appeal from an order of the Supreme Court, Queens County (O'Donoghue, J.), dated February 23, 2004, which denied their motion pursuant to CPLR 5015 (a) to vacate an order of the same court dated January 8, 2003, granting the defendants' motion to dismiss the complaint pursuant to CPLR 3404, upon the plaintiffs' default in opposing the motion.

Ordered that the order dated...

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