CENTENNIAL ELEVATOR INDUSTRIES, INC. v. NINETY-FIVE MADISON CORP.

2010-09052.

90 A.D.3d 689 (2011)

934 N.Y.S.2d 483

2011 NY Slip Op 9079

CENTENNIAL ELEVATOR INDUSTRIES, INC., Respondent, v. NINETY-FIVE MADISON CORP. et al., Appellants.

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

Decided December 13, 2011.


Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying that branch of the defendants' motion which was to vacate the default judgment insofar as entered against the defendant Ninety-Five Madison Corp. and substituting therefor a provision granting that branch of the defendants' motion; as so modified, the order is affirmed, without costs or disbursements.

The determination of whether to vacate...

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