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HAAG PLUMBING v. KUBA REALTY

2009-1625 Q C.

33 Misc.3d 75 (2011)

934 N.Y.S.2d 783

2011 NY Slip Op 21401

AL HAAG & SON PLUMBING & HEATING, INC., Respondent, v. KUBA REALTY CORP., Appellant.

Supreme Court, Appellate Term, Second Department.

Decided November 4, 2011.

Attorney(s) appearing for the Case

Goldberg, Scudieri & Lindenberg, P.C., New York City ( Mark K. Lindenberg of counsel), for appellant.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and defendant's motion to vacate the "default" judgment and restore the matter to the trial calendar is granted.

In this action for breach of contract, the parties entered into a stipulation, which was so-ordered by the court, that provided that defendant would be precluded from offering evidence at trial, and its...

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