GRAMMAS v. LOCKWOOD ASSOCIATES, LLC.

2012-00145.

107 A.D.3d 947 (2013)

966 N.Y.S.2d 913

2013 NY Slip Op 4776

MICHAEL GRAMMAS et al., Respondents, v. LOCKWOOD ASSOCIATES, LLC, Appellant, et al., Defendant.

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

Decided June 26, 2013.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the plaintiffs' motion pursuant to CPLR 3215 for leave to enter a default judgment against the defendant Lockwood Associates, LLC, is denied, and the cross motion of the defendant Lockwood Associates, LLC, pursuant to CPLR 3012 (d) to compel the plaintiffs to accept service of its answer is granted.

Under the circumstances of this case, the Supreme Court improvidently exercised...

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