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GAINEY v. ANORZEJ

25 A.D.3d 650 (2006)

811 N.Y.S.2d 679

MARY GAINEY et al., Appellants, v. HUBERT ANORZEJ, Respondent.

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

January 24, 2006.

Ordered that the order is reversed, on the law and as an exercise of discretion, with costs, the motion is denied, and the order dated June 7, 2002, and the damages award are reinstated.

The defendant does not deny that he had notice of the June 2002 order granting the plaintiffs' motion for leave to enter judgment on the issue of liability upon his default in appearing or answering the complaint. Accordingly, that branch...

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