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SHAPIRO v. PAGAN

50 A.D.3d 664 (2008)

855 N.Y.S.2d 579

ADAM L. SHAPIRO et al., Appellants-Respondents, v. WILLIAM PAGAN et al., Respondents-Appellants, et al., Defendant.

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

Decided April 1, 2008.

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting that branch of the motion of the defendants William Pagan and Nadalyn Caprice (hereinafter the defendants) which was pursuant to CPLR 5015 (a) (3) to vacate the judgment dated September 30, 2005, entered upon their default in answering the complaint ...

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