DESIDERIO v. WILGOSZ

2021-04233. Index No. 615205/19.

220 A.D.3d 924 (2023)

198 N.Y.S.3d 378

2023 NY Slip Op 05390

John S. Desiderio, Appellant, v. Robert H. Wilgosz, Also Known as Robert H. Wilgosz, Jr., et al., Respondents, et al., Defendants.

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

Decided October 25, 2023.


Attorney(s) appearing for the Case

Law Office of John S. Desiderio, P.C., Garden City Park, NY, for appellant.

Stephen C. Giametta & Associates, P.C., Bohemia, NY, for respondents.

Iannacci, J.P., Genovesi, Ford and Wan, JJ., concur.


In an action, inter alia, to recover damages for breach of contract and unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Nassau County (David P. Sullivan, J.), entered May 14, 2021. The order (1) granted the defendants' motion to vacate a clerk's judgment entered July 13, 2020, which, upon an order of the same court (Jack L. Libert, J.) entered June 2, 2020, granting the plaintiff's motion for leave to enter a default judgment against the defendants...

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