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BODEK v. APPELL

36 A.D.3d 846 (2007)

827 N.Y.S.2d 672

ERNO BODEK, Respondent, v. DAVID APPELL et al., Defendants, and ERASMO TAVERAS, Appellant.

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

Decided January 30, 2007.

Ordered that the order is affirmed, with costs.

In view of the circumstances of this case and the documentary evidence in the record, we conclude that the Supreme Court did not improvidently exercise its discretion in granting reargument and, upon reargument, vacating that portion of its prior order which had granted the appellant's motion to vacate the default judgment entered against him (see generally Iorizzo v Mattikow, 25 A.D.3d 762

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