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FARRAH v. PINOS

2010-00359.

78 A.D.3d 1115 (2010)

911 N.Y.S.2d 653

CUERVO FARRAH et al., Appellants, v. MANUEL R. PINOS et al., Respondents.

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

Decided November 30, 2010.

Ordered that the order dated November 20, 2009, is reversed, on the law and in the exercise of discretion, the motion to vacate the order dated May 7, 2009, is granted, and the matter is remitted to the Supreme Court, Queens County, for a determination of the defendants' motion for summary judgment on the merits and upon the papers submitted.

Under the unusual procedural circumstances of this case, and since the record...

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