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JNS HEATING SERV. INC. v. STONY BROOK FIRE DIST.

2020-07980. Index No. 612608/18.

216 A.D.3d 627 (2023)

187 N.Y.S.3d 106

2023 NY Slip Op 02303

JNS Heating Service, Inc., Appellant, v. Stony Brook Fire District, Respondent.

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

Decided May 3, 2023.

Attorney(s) appearing for the Case

Cooper, Sapir & Cohen, P.C., Melville, NY ( David M. Cohen of counsel), for appellant.

Campolo, Middleton & McCormick, LLP, Ronkonkoma, NY ( Patrick McCormick and Richard A. DeMaio of counsel), for respondent.

Dillon, J.P., Zayas, Ford and Wan, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Martha L. Luft, J.), dated September 14, 2020. The order granted the defendant's motion pursuant to CPLR 5015(a), in effect, to vacate an order of the same court dated April 24, 2019, inter alia, granting the plaintiff's motion for leave to enter a default judgment, and thereupon to dismiss the complaint for failure to timely file...

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