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DIAZ v. CHAUDHRY

2010-10385

91 A.D.3d 590 (2012)

935 N.Y.S.2d 901

2012 NY Slip Op 175

JOSE DIAZ, Appellant, v. ABDUL R. CHAUDHRY et al., Respondents.

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

Decided January 10, 2012.

Ordered that the order entered September 30, 2010, is affirmed insofar as appealed from, with costs.

While we affirm the order entered September 30, 2010, insofar as appealed from, we do so, in part, on a ground not relied upon by the Supreme Court.

The Supreme Court providently exercised its discretion in granting the defendants' motion to vacate their default in opposing the plaintiff's motion for leave to renew his opposition to

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