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PROSPECT PARK MANAGEMENT, LLC v. BEATTY

2008-04779

73 A.D.3d 885 (2010)

900 N.Y.S.2d 433

PROSPECT PARK MANAGEMENT, LLC, Appellant, v. ALBERT BEATTY et al., Respondents.

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

Decided May 11, 2010.

Ordered that the order dated May 6, 2008, is reversed, on the law, with costs, the defendants' motion, in effect, pursuant to CPLR 5015(a)(1) and (4) to vacate the judgment entered December 20, 2002, is denied, and the judgment is reinstated.

The defendants failed to establish their entitlement to relief from the judgment entered December 20, 2002, upon their default. With respect to that branch of their motion which was, in effect, pursuant to CPLR 5015(a)(4) to...

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