FUENTES v. VIRGIL

2009-10506.

88 A.D.3d 643 (2011)

930 N.Y.S.2d 480

2011 NY Slip Op 6998

SERGIO FUENTES, Appellant, et al., Plaintiffs, v. ALONZO VIRGIL, Defendant, and ROSA MARTINEZ, Respondent.

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

Decided October 4, 2011.


Ordered that the order dated July 9, 2009, is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in granting that branch of the motion of the defendant Rosa Martinez which was, in effect, pursuant to CPLR 5015, to vacate so much of a judgment entered January 13, 2009, as was in favor of the plaintiff Sergio Fuentes and against her in the principal sum of $1,613,880.18, and in granting Martinez leave to file and serve...

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