GERDES v. CANALES

2008-08792.

74 A.D.3d 1017 (2010)

903 N.Y.S.2d 499

SANDRA GERDES, Respondent, v. LUZ CANALES et al., Appellants, et al., Defendants.

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

Decided June 15, 2010.


Ordered that the order is reversed, on the law, on the facts, and in the exercise of discretion, with costs, the motion of the defendants Luz Canales and Action Auto Leasing Corporation to vacate the judgment is granted, the answer annexed to the motion papers is deemed served upon the plaintiff, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.

A defendant seeking to vacate a default in appearing and answering on the ground...

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