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GARGANO v. MOREY

2017-06392. Index No. 608026/15.

165 A.D.3d 892 (2018)

83 N.Y.S.3d 905

2018 NY Slip Op 06883

Salvatore Gargano et al., Appellants, v. Michael Morey et al., Defendants, and Christopher Baum et al., Respondents.

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

Decided October 17, 2018.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the second renewed motion of the defendants Christopher Baum and Baum & Bailey, P.C. (hereinafter together the Baum defendants), pursuant to CPLR 5015 (a) (1) to vacate their default in answering the complaint and to extend their time to answer the complaint. The evidence in the record established that the Baum defendants' failure to serve a timely...

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