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CURTO v. DIEHL

1003 CA 10-02024

87 A.D.3d 1374 (2011)

929 N.Y.S.2d 901

2011 NY Slip Op 6773

PATRICIA J. CURTO, Appellant, v. MARK DIEHL et al., Respondents. (Appeal No. 1.)

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

Decided September 30, 2011.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: We reject the contention of plaintiff that Supreme Court erred in granting that part of defendants' motion to vacate a default judgment. Inasmuch as defendants had previously appeared in this action, they were entitled to receive notice of plaintiff's motion for a default judgment (see CPLR 3215 [g] [1]; Nowak...

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