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M&E 73-75 LLC v. 57 FUSION LLC

13248N, 153655/12.

121 A.D.3d 528 (2014)

995 N.Y.S.2d 4

2014 NY Slip Op 07077

M&E 73-75 LLC, Appellant, v. 57 FUSION LLC, Respondent.

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

Decided October 16, 2014.

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered March 12, 2013, which denied plaintiff's motion for a default judgment against defendant (CPLR 3215), unanimously affirmed, without costs.

The IAS court providently exercised its discretion by denying plaintiff's motion (see e.g. Nutley v Skydive the Ranch, 65 A.D.3d 443, 444 [1st Dept 2009]). Defendant made the...

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