MICHAEL v. ATLAS RESTORATION CORP.

2016-13166 Index No. 607248/15.

159 A.D.3d 980 (2018)

73 N.Y.S.3d 622

2018 NY Slip Op 02162

CONSTANTINOS MICHAEL, Appellant, v. ATLAS RESTORATION CORP. et al., Defendants, and DIMITRIOS TSOUMAS, Respondent.

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

Decided March 28, 2018.


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the first cause of action is reinstated, that branch of the plaintiff's unopposed motion pursuant to CPLR 3215 (a) which was for leave to enter a default judgment against the defendant Dimitrios Tsoumas on the first cause of action upon his default in answering or appearing is granted, the order entered May 6, 2016, is modified accordingly, and the matter is remitted to the Supreme Court...

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