FREMMING v. NIEDZIALOWSKI

CA 11-01942.

93 A.D.3d 1336 (2012)

940 N.Y.S.2d 764

2012 NY Slip Op 2228

MARGARET M. FREMMING et al., Appellants, v. PAUL E. NIEDZIALOWSKI et al., Respondents.

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

Decided March 23, 2012.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this personal injury action arising out of a motor vehicle accident, plaintiffs appeal from an order denying their motion pursuant to CPLR 5015 (a) to vacate a prior order granting defendants' motion for summary judgment dismissing the complaint. The prior order was entered upon plaintiffs' default, when plaintiffs failed to file papers in opposition to the motion...

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