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GUAYARA v. FIRST ROCKAWAY COAST CORPORATION

35 A.D.3d 659 (2006)

827 N.Y.S.2d 253

MARIA GUAYARA, Respondent, v. FIRST ROCKAWAY COAST CORPORATION, Appellant.

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

Decided December 19, 2006.

Ordered that the order is affirmed, with costs.

Although the defendant's motion to vacate was made under CPLR 5015 (a), the defendant correctly contends that such a motion may be treated as a motion pursuant to CPLR 317 if the circumstances so warrant (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 142-143 [1986]; New York & Presbyt. Hosp. v Allstate Ins...

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