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GIRARDO v. 99-27 REALTY, LLC

62 A.D.3d 659 (2009)

878 N.Y.S.2d 401

CARLOS ALBERTO GIRARDO, Appellant, v. 99-27 REALTY, LLC, Respondent, et al., Defendant.

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

Decided May 5, 2009.

Ordered that the order dated July 14, 2008 is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the respondent leave to reargue and, upon reargument, granting the respondent's motion, inter alia, pursuant to CPLR 317 to vacate the judgment entered against it upon its default in appearing and answering the complaint. CPLR 317 permits a defendant that has been "served with a summons other...

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