ROSARIO v. GENERAL BEHR CORP.

Index No. 24621-16E. Appeal No. 597. Case No. 2021-01593.

217 A.D.3d 641 (2023)

2023 NY Slip Op 03560

Diana Rosario et al., Appellants, v. General Behr Corp. et al., Respondents.

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

Decided June 29, 2023.


Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Scott T. Horn of counsel), for appellants.

Concur—Kern, J.P., Moulton, Mendez, Shulman, Rodriguez, JJ.


Order, Supreme Court, Bronx County (Rubén Franco, J.), entered October 16, 2020, which denied plaintiff's motion to vacate an order following an inquest, unanimously reversed, on the law and in the exercise of discretion, without costs, the motion granted, and the matter remanded for further proceedings consistent with this decision.

Defendants in this personal injury action failed to appear in response to plaintiffs' complaint. As a result, plaintiffs obtained...

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