GATELY v. DRUMMOND

2016-00258. Index No. 6899/13.

161 A.D.3d 947 (2018)

77 N.Y.S.3d 519

2018 NY Slip Op 03507

Theresa A. Gately, Plaintiff, v. Thomas Drummond, Appellant.

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

Decided May 16, 2018.


Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying that branch of the defendant's motion which was pursuant to CPLR 5015 (a) (1) to vacate the judgment dated October 31, 2014, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff commenced this action, by summons...

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