MARLON MUNROE v. BURGHER


43 A.D.3d 891 (2007)

841 N.Y.S.2d 636

BENHOPE MARLON MUNROE et al., Respondents, v. GOPAL BURGHER et al., Appellants, et al., Defendants.

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

Decided September 11, 2007.


Ordered that the judgment is reversed, on the law and in the exercise of discretion, with costs, the orders entered April 27, 2006, and June 13, 2006, are vacated, the plaintiffs' motion is denied, that branch of the motion of the defendants Gopal Burgher and Khani Burgher which was pursuant to CPLR 5015 (a) (1) to vacate their default in answering is granted, and the proposed answer of the defendants Gopal Burgher and Khani Burgher in the form attached to their moving papers...

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