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PAULUS v. CHRISTOPHER VACIRCA

2012-10966

128 A.D.3d 116 (2015)

6 N.Y.S.3d 572

ALAN PAULUS et al., Respondents, v. CHRISTOPHER VACIRCA, INC., Defendant, and CHRISTOPHER VACIRCA, Appellant.

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

Decided April 8, 2015.

Attorney(s) appearing for the Case

Robert S. Stone, Jr. , Stony Brook, for appellant.

Peter T. Roach & Associates, P.C., and Mauro Lilling Naparty LLP, Woodbury ( Caryn L. Lilling of counsel), for respondents.

AUSTIN, J.P., SGROI and HINDS-RADIX, JJ., concur.

OPINION OF THE COURT

At issue on this appeal is whether the failure of a party to give notice of a motion for leave to enter a default judgment to a defendant who has previously appeared in the action entitles such defendant to vacatur of the default judgment. For the reasons set forth below, we hold that the failure to comply...

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