Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the motion for leave to reargue is denied, and the order dated November 12, 2002 is reinstated.
The defendant Queens Van Plan, Inc. (hereinafter the defendant), failed to appear and answer the complaint. The plaintiff moved, in effect, for leave to enter a judgment upon the defendant's default, which was granted in an order dated November 12, 2002. By...
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