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KASEM v. U.S.A. MINI STORAGE

16 A.D.3d 379 (2005)

790 N.Y.S.2d 405

MAHER KASEM et al., Appellants, v. U.S.A. MINI STORAGE et al., Defendants. BNC STORAGE, LLC, Doing Business as AMERICAN SELF STORAGE, Nonparty Respondent.

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

March 7, 2005.

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

The Supreme Court properly denied that branch of the plaintiffs' motion which was to enforce the judgment against BNC Storage, LLC, doing business as American Self Storage, which had never been afforded an opportunity to defend the action on the merits (see Cruz v Vinicio, 259 A.D.2d 294, 296 [1999]).

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