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PDQ ALUMINUM PRODUCTS CORP. v. SMITH

20 Misc.3d 94 (2008)

864 N.Y.S.2d 681

PDQ ALUMINUM PRODUCTS CORP., Respondent, v. ROBERT SMITH et al., Defendants, and PATRICIA SMITH, Also Known as PATRICIA BILMUS, Appellant.

Supreme Court, Appellate Term, Second Department.

July 10, 2008.

Attorney(s) appearing for the Case

Keith H. Weidman, Hauppauge, for appellant.

William D. Yanaros, Port Jefferson Station, for respondent.

RUDOLPH, P.J., McCABE and TANENBAUM, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Appeal from decision dismissed. No appeal lies from a decision (see UDCA 1702).

Order modified by providing that the branch of the motion by defendant Patricia Smith, also known as Patricia Bilmus, seeking to vacate the default judgment is granted; as so modified, affirmed without costs, and matter remanded to the court below for further proceedings in accordance with the decision herein.

Plaintiff...

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