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WEXLER v. KINDER STUFF 2010, LLC

2016-00230. Index No. 500218/12.

151 A.D.3d 909 (2017)

57 N.Y.S.3d 187

2017 NY Slip Op 04879

ARYN WEXLER, Appellant, v. KINDER STUFF 2010, LLC, et al., Defendants, and MARK TRESS, Respondent.

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

Decided June 14, 2017.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the motion of the defendant Mark Tress which was pursuant to CPLR 5015 (a) to vacate so much of the default judgment dated June 26, 2013, as was in favor of the plaintiff and against the defendant Mark Tress in the total sum of $400,267.36, is denied.

A defendant seeking to vacate a...

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