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LUCIANO v. FELIX

11812NA. 11812N. 11811.

185 A.D.3d 469 (2020)

127 N.Y.S.3d 465

2020 NY Slip Op 03878

Jennifer Luciano, Appellant, v. Maribel Felix et al., Respondents.

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

Decided July 9, 2020.

Since the order granting summary judgment dismissing the complaint was granted on default, the court properly denied plaintiff's motion to renew and reargue. The proper remedy for plaintiff was to move to vacate the default pursuant to CPLR 5015 (Bank Leumi Trust Co. of N.Y. v Sibthorpe, 161 A.D.2d 325 [1st Dept 1990]; Vasquez v Koret, Inc., 151 A.D.2d 448 [1st Dept 1989]), which plaintiff...

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