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HILLWICK, INC. v. ADVANCED READY MIX SUPPLY CORP.

2015-01558

133 A.D.3d 821 (2015)

19 N.Y.S.3d 442

2015 NY Slip Op 08707

HILLWICK, INC., Appellant, v. ADVANCED READY MIX SUPPLY CORP. et al., Defendants, and ADVANCED TRANSIT MIX CORP., Respondent.

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

Decided November 25, 2015.

In an action, inter alia, to recover damages for breach of contract and on an account stated, the plaintiff appeals from an order of the Supreme Court, Kings County (Bayne, J.), dated January 9, 2015, which granted the motion of the defendant Advanced Transit Mix Corp. to vacate so much of a judgment of the same court dated October 15, 2014, as was in favor of the plaintiff and against it, upon its failure to appear or answer.

Ordered that the order is affirmed, with...

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