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ZIPMAR REALTY, LLC v. SIVAN

46 A.D.3d 806 (2007)

848 N.Y.S.2d 675

ZIPMAR REALTY, LLC, Respondent, v. NIRIT SIVAN, Appellant. (Action No. 1.) CHASE MANHATTAN MORTGAGE CORPORATION, Respondent, v. NIRIT SIVAN, Appellant, et al., Defendant. (Action No. 2.)

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

Decided December 18, 2007.

Ordered that the appeal is dismissed, with one bill of costs payable to Zipmar Realty, LLC, and PCC Capital, LLC, as assignee of respondent Chase Manhattan Mortgage Corporation.

With respect to action No. 1, the defendant's motion was denominated as a "Motion to Vacate Default," referring to the order dated September 6, 2005, which granted the motion of the plaintiff, Zipmar Realty, LLC (hereinafter Zipmar), for leave to enter a default judgment. That order, however...

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