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YOUNGSTOWN TUBE CO. v. RUSSO

2014-03259

120 A.D.3d 1409 (2014)

993 N.Y.S.2d 146

2014 NY Slip Op 06308

YOUNGSTOWN TUBE CO., Respondent, v. ANTHONY J. RUSSO, Individually and Doing Business as UNIVERSAL FIRE FABRICATING & SUPPLY, Appellant.

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

Decided September 24, 2014.

Ordered that the order is affirmed, with costs.

Where, as here, a defendant seeking to vacate a default judgment raises a jurisdictional objection pursuant to CPLR 5015 (a) (4) and, alternatively, seeks discretionary vacatur pursuant to CPLR 5015 (a) (1), the court is required to resolve the jurisdictional question before determining whether it is appropriate to grant a discretionary vacatur of the default under CPLR 5015 (a) (1) (see Canelas v Flores,

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