L & W SUPPLY CORP. v. BUILT-RITE DRYWALL CORP.

697 CA 22-01613.

220 A.D.3d 1205 (2023)

197 N.Y.S.3d 389

2023 NY Slip Op 05079

L&W Supply Corporation, Doing Business as Building Specialties, Formerly Doing Business as Capital Gypsum, Respondent, v. Built-Rite Drywall Corp. et al., Defendants, and Samuel Braun, Appellant.

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

Decided October 6, 2023.


Attorney(s) appearing for the Case

THE LAW OFFICE OF JEREMY ROSENBERG, CHESTNUT RIDGE ( JEREMY ROSENBERG OF COUNSEL), FOR DEFENDANT-APPELLANT.

Present—Smith, J.P., Montour, Greenwood, Nowak and DelConte, JJ.


Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered March 17, 2022. The order denied the motion of defendant Samuel Braun seeking, inter alia, to vacate a default judgment.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Samuel Braun (defendant) appeals...

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