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DISCOVER BANK v. ESCHWEGE

CA 09-00641.

71 A.D.3d 1413 (2010)

897 N.Y.S.2d 333

DISCOVER BANK, Respondent, v. ELLEN S. ESCHWEGE, Appellant.

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

Decided March 19, 2010.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion seeking to vacate the judgment entered November 29, 2007 and vacating that judgment and as modified the order is affirmed without costs, and defendant is granted 20 days from service of the order of this Court with notice of entry to serve and file an answer.

Memorandum: In this action to recover, inter alia, money and

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