TSAI-ANN THOMAS v. AVALON GARDENS REHABILITATION & HEALTH CARE CTR.

2012-01624.

107 A.D.3d 694 (2013)

966 N.Y.S.2d 5115

2013 NY Slip Op 3988

TSAI-ANN THOMAS et al., Respondents, v. AVALON GARDENS REHABILITATION & HEALTH CARE CENTER, Appellant.

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

Decided June 5, 2013.


Ordered that the order dated December 15, 2011, is reversed, on the law and in the exercise of discretion, with costs, the plaintiffs' motion, in effect, pursuant to CPLR 2221 (a) (1) and CPLR 5015 (a) (1), to vacate the order dated July 21, 2011, entered upon their default in appearing on the return date of their motion, and to restore their prior motion to the calendar is denied, and the defendant's cross motion pursuant to CPLR 3126 (3) to dismiss the complaint is granted...

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