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BREIER v. CONGREGATION ZEMACH DAVID OF NEW SQUARE

30 A.D.3d 363 (2006)

815 N.Y.S.2d 829

HERSHEL BREIER et al., Appellants, v. CONGREGATION ZEMACH DAVID OF NEW SQUARE, Respondent.

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

June 6, 2006.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendant's motion, inter alia, to vacate the default judgment (see CPLR 5015 [a] [1]; Seccombe v Serafina Rest. Corp., 2 A.D.3d 516 [2003]; Perez v Linshar Realty Corp., 259 A.D.2d 532, 533 [1999]; cf. Labella v Willis Seafood, 296...

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