Ordered that the order dated February 8, 2011, is reversed, on the law, with costs, the defendant's motion, in effect, pursuant to CPLR 5015 (a) (4) to vacate the judgment entered October 30, 2009, and to dismiss the complaint is granted, and the complaint is dismissed with leave to the plaintiff to re-serve the defendant within 120 days of the date of this decision and order.
Where, as here, a defendant moves to vacate a judgment entered upon his or her default in...
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