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VINNY PETULLA CONTRACTING CORP. v. RANIERI

2011-06463.

94 A.D.3d 751 (2012)

941 N.Y.S.2d 659

2012 NY Slip Op 2483

VINNY PETULLA CONTRACTING CORP., Respondent, v. LEWIS RANIERI, Defendant, and LUNZ DEVELOPMENT CORP. et al., Appellants.

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

Decided April 3, 2012.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the motion of the defendants Lunz Development Corp. and Joseph Lunz, in effect, pursuant to CPLR 5015 (a) (4) to vacate the judgment dated March 8, 2011, pursuant to 5015 (a) (1) to vacate their default in appearing or answering, and, in effect, pursuant to CPLR 2004 and 3012 (d) for leave to serve and file a late answer is granted...

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