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MATTER OF PETTUS v. BOARD OF DIRECTORS

6311 250720/15.

160 A.D.3d 551 (2018)

71 N.Y.S.3d 882

2018 NY Slip Op 02733

In the Matter of James Pettus et al., Appellants, v. Board of Directors et al., Respondents.

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

Decided April 19, 2018.

The Supreme Court providently exercised its discretion in granting respondents' motion to vacate the default judgment (see Xiao Jia Lin v Engleton, 121 A.D.3d 483, 483 [1st Dept 2014]; Crespo v A.D.A. Mgt., 292 A.D.2d 5, 9 [1st Dept 2002]). We note that, in light of the recusal of the Justice who presided over the entry of the default judgment, the vacatur motion was properly entertained...

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