PIATT v. HORSLEY

652 CA 12-02244.

108 A.D.3d 1188 (2013)

970 N.Y.S.2d 155

2013 NY Slip Op 5388

SCOTT J. PIATT, P.A., Individually and SCOTT J. PIATT, Doing Business as AESTHETIC SOLUTIONS AND SUMMIT HEALTHCARE, Respondent, v. Ross A. HORSLEY, M.D., Defendant, and PAUL B. KIRSCH, M.D., Appellant.

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

Decided July 19, 2013.


Appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered February 10, 2012. The order, insofar as appealed from, denied that part of the motion of defendant Paul B. Kirsch, M.D., to vacate a default judgment.

It is hereby ordered that the order insofar as appealed from is unanimously reversed in the exercise of discretion without costs and that part of the motion seeking vacatur of the judgment entered August 6, 2010 is granted upon...

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