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ENG v. SICHENZIA

7 A.D.3d 754 (2004)

776 N.Y.S.2d 903

HANIE ENG et al., Appellants, v. MICHAEL SICHENZIA et al., Defendants, and FRANK E. DeESSO, Respondent.

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

May 24, 2004.

Ordered that the judgment is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting that branch of the motion of the defendant Frank E. DeEsso which was pursuant to CPLR 5015 (a) (3) to vacate a prior order granting the plaintiffs' ex parte motion for an exten sion of time within which to serve a summons and complaint upon him (see Peterson v Melchiona, 269 A.D.2d...

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