SPOSITO v. CUTTING

2017-13515. Index No. 61393/13.

165 A.D.3d 863 (2018)

86 N.Y.S.3d 90

2018 NY Slip Op 06782

Anthony Sposito, Respondent, v. Lionel D. Cutting, Appellant, et al., Defendants.

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

Decided October 10, 2018.


Ordered that the order is reversed, on the law, on the facts, and in the exercise of discretion, with costs, the motion of the defendant Lionel D. Cutting to vacate his default in appearing for two scheduled court conferences, and thereupon, to vacate the notice of inquest and the note of issue and certificate of readiness is granted, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings consistent herewith.

On August 25, 2012, the...

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