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GURIN v. POGGE

516515

112 A.D.3d 1028 (2013)

976 N.Y.S.2d 604

2013 NY Slip Op 8174

MAREC GURIN et al., Appellants, v. KARL POGGE et al., Respondents.

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

Decided December 5, 2013.

Spain, J.

Appeal from an order of the Supreme Court (Lynch, J.), entered August 13, 2012 in Albany County, which partially granted defendants' motion to vacate a default judgment.

In late 2007, defendant Karl Pogge purchased a dental practice and its assets, leases and equipment from plaintiffs Marec Gurin and Maria Gurin. In addition to an agreement for sale, Pogge and the Gurins entered into an indemnification

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