Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Fred Davies to vacate so much of the default judgment dated August 4, 2005 as is in favor of the plaintiff and against him and to dismiss the complaint insofar as asserted against him is denied.
The Supreme Court erred in granting the motion of the defendant Fred Davies to vacate so much of a default judgment dated August 4, 2005, as is in favor of the plaintiff and against...
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