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ARIAS v. FIRST PRESBYT. CHURCH IN JAMAICA

2012-02354.

97 A.D.3d 712 (2012)

948 N.Y.S.2d 665

2012 NY Slip Op 5606

VANESSA ARIAS, Appellant, v. FIRST PRESBYTERIAN CHURCH IN JAMAICA, Defendant, and TICK TOCK BOUTIQUE, INC., Respondent.

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

July 18, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was for leave to enter a judgment against the defendant Tick Tock Boutique, Inc. (hereinafter Tick Tock), upon its default in appearing or answering, and in granting Tick Tock's cross motion, in effect, to vacate its default and to compel the plaintiff to accept its late answer (see...

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