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TSELIKMAN v. MARVIN COURT, INC.

33 A.D.3d 908 (2006)

824 N.Y.S.2d 298

SVETLANA TSELIKMAN et al., Appellants, v. MARVIN COURT, INC., et al., Respondents.

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

Decided October 24, 2006.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court providently exercised its discretion in granting the defendants' motion to vacate the order entered upon their failure to appear or answer. CPLR 317 permits a defendant who has been "served with a summons other than by personal delivery" to defend the action upon a finding of the court that the defendant "did not personally receive notice of the summons in time to defend and has...

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