NIEBLING v. PIORECK

2022-00502. Index No. 605611/14.

222 A.D.3d 873 (2023)

203 N.Y.S.3d 103

2023 NY Slip Op 06526

William Niebling, Respondent, v. Raymond Pioreck, Appellant.

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

Decided December 20, 2023.


Attorney(s) appearing for the Case

Tayne Law Group, P.C., Melville, NY ( Leslie H. Tayne of counsel), for appellant.

Brathwaite Nelson, J.P., Dowling, Warhit and Love, JJ., concur.


In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Thomas Rademaker, J.), dated December 16, 2021. The order, insofar as appealed from, denied those branches of the defendant's motion which were, in effect, pursuant to CPLR 5015(a)(4) to vacate a judgment of the same court (John M. Galasso, J.), entered April 9, 2015, upon his failure to appear or answer the complaint, and, thereupon...

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