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STUART v. TENNEN KUSHNER

39 A.D.3d 535 (2007)

833 N.Y.S.2d 187

STAN STUART, Doing Business as SILVER RIVER MARINA, Respondent, v. LINDA TENNEN KUSHNER, Appellant.

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

Decided April 3, 2007.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, those branches of the defendant's motion which were to vacate her default in appearing or answering the complaint and for leave to serve an answer are granted, the answer is deemed served, and the matter is remitted to the Supreme Court, Nassau County, to determine on the merits that branch of the defendant's motion which was to dismiss...

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