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JAGIELA v. 1329 REALTY LLC

17 A.D.3d 533 (2005)

792 N.Y.S.2d 873

MILOSZ JAGIELA, Respondent, v. 1329 REALTY, LLC, Appellant, et al., Defendant. (And a Third-Party Action.)

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

April 18, 2005.

Ordered that the order is affirmed, with costs.

The appellant moved, inter alia, pursuant to CPLR 317 and 5015 to vacate an order entered upon its default in answering or appearing. However, in support of that branch of its motion which was pursuant to CPLR 317, the appellant failed to meet its burden of demonstrating that it lacked actual notice of the action in time to defend (see Persaud v Gallante Props., Inc.,

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