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CASTRO v. A&P SUFFOLK LIMO

2010-05388, 2010-07456.

84 A.D.3d 1142 (2011)

923 N.Y.S.2d 352

WILLIE CASTRO, Respondent, v. A&P SUFFOLK LIMO, Appellant, et al., Defendant.

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

Decided May 24, 2011.

Ordered that the order dated April 5, 2010, is reversed, on the facts and in the exercise of discretion, and that branch of the plaintiff's motion which was to vacate the order dated March 26, 2009, granting the appellant's motion to dismiss the complaint pursuant to CPLR 3215 (c) insofar as asserted against it on the ground that the plaintiff had not entered a judgment within one year of the appellant's default is denied; and it is further,

Ordered that the appeal...

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