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TAVERAS v. PHILIBERT

10274N, 110598/07.

107 A.D.3d 492 (2013)

967 N.Y.S.2d 710

2013 NY Slip Op 4420

CANDIDA TAVERAS et al., Appellants, v. NORMAN W. PHILIBERT, Respondent. (And a Third-Party Action.)

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

Decided June 13, 2013.

The motion court properly denied plaintiffs' CPLR 5015 (a) (1) motion to vacate the prior order, granted on plaintiffs' default. Under that statutory provision, a party seeking such relief must move to vacate the order within one year of service of the order with notice of entry (see Caba v Rai, 63 A.D.3d 578, 580 [1st Dept 2009]). As the movant, it was plaintiffs' burden to establish their right to the relief, including that their...

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