MAZZIO v. JENNINGS

2014-05761

128 A.D.3d 1032 (2015)

8 N.Y.S.3d 596

2015 NY Slip Op 04459

MELISSA MAZZIO, Appellant, v. ARTHUR JENNINGS et al., Respondents.

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

Decided May 27, 2015.


In an action for the return of a down payment given pursuant to a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated April 22, 2014, which denied her motion to vacate the dismissal of the action and to restore the action to active status.

Ordered that the order is affirmed, with costs.

The action was dismissed on October 1, 2009, when neither the plaintiff nor her counsel appeared...

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