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BRICKHOUSE MASONRY, LLC v. WINDWARD BUILDERS, INC.

Docket No. 103036/2012, Motion Seq. No. 01.

101 A.D.3d 919 (2012)

956 N.Y.S.2d 175

2012 NY Slip Op 8677

BRICKHOUSE MASONRY, LLC, Respondent, v. WINDWARD BUILDERS, INC., et al., Defendants, and NORTH HAVEN EQUITIES, LLC, Appellant.

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

December 19, 2012.

Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, that branch of the motion of the defendant and North Haven Equities, LLC, which was to vacate the judgment entered March 21, 2011, is granted, and the judgment is vacated.

Although that branch of the appellant's motion which was to vacate the default judgment was made pursuant to CPLR 5015 (a) (1), under...

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