Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the motion which were to vacate the default and to vacate so much of the decree dated September 16, 2004, as granted that branch of petition which was to allocate all of the proceeds from the settlement of the underlying action to the wrongful death cause of action, and substituting therefor provisions granting those branches of the motion; as modified, the order is...
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