DIAS v. NORTH TRUE CONSTR. MGT., LLC

2012-06794.

106 A.D.3d 947 (2013)

965 N.Y.S.2d 383

2013 NY Slip Op 3631

JAMES DIAS et al., Appellants, v. NORTH TRUE CONSTRUCTION MANAGEMENT, LLC, Defendant, and SOUTH 4TH STREET CONDOS, LLC, Respondent.

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

Decided May 22, 2013.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the motion of the defendant South 4th Street Condos, LLC, to vacate, as against it, the default judgment dated January 25, 2010, is denied, and the judgment dated December 15, 2010, is reinstated as against the defendant South 4th Street Condos, LLC.

The Supreme Court improvidently exercised its discretion in granting the motion...

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