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STATE FARM MUT. AUTO. INS. CO. v. PREFERRED TRUCKING SERVICE CORP.

2012-2127 Q C.

42 Misc.3d 88 (2013)

981 N.Y.S.2d 889

2013 NY Slip Op 23424

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, as Subrogee of Alfred Avasso, Appellant, v. PREFERRED TRUCKING SERVICE CORP., Defendant, and RICARDO S. CRUZ-PENA, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided December 9, 2013.

Attorney(s) appearing for the Case

Serpe, Andree & Kaufman, Huntington ( Jonathan H. Kaufman of counsel), for appellant.

Law Offices of Ali & Bains P.C., Forest Hills ( Guljit Bains of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order entered March 21, 2012 is reversed, without costs, the motion by defendant Ricardo S. Cruz-Pena to vacate so much of the default judgment entered June 22, 2011 as was against him and, in effect, the underlying order dated March 17, 2011 which had granted, on default, plaintiff's motion for summary judgment as against him is denied, and so much of the June 22, 2011 default judgment as was against defendant...

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