BARRETT v. GORDON

2010-12143

90 A.D.3d 973 (2011)

936 N.Y.S.2d 217

2011 NY Slip Op 9581

CLOVER M. BARRETT, P.C., Appellant, v. GLORIA GORDON, Respondent.

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

Decided December 27, 2011.


Ordered that the order dated November 12, 2010, is reversed, on the law, with costs, and the defendant's motion, in effect, to vacate the order dated November 9, 2009, is denied.

The defendant's motion, in effect, to vacate an order which granted the plaintiff's motion for leave to enter a default judgment against her was made pursuant to both CPLR 5015 and 317. A defendant seeking to vacate a default pursuant to CPLR 5015 (a) (1) must demonstrate both a reasonable...

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